
    Eugene SMITH, Appellant, v. The STATE of Florida, Appellee.
    No. 71-1051.
    District Court of Appeal of Florida, Third District.
    Jan. 17, 1973.
    Gerald Piken, Miami, for appellant.
    Robert L. Shevin, Atty. Gen. and William L. Rogers, Asst. Atty. Gen., for appellee.
    Before CHARLES CARROLL, HEN-DRY and HAVERFIELD, JJ.
   PER CURIAM.

We have considered the record and briefs of counsel in this cause, and we have con-eluded that reversible error has been made to appear and has been confessed to by the state. We are of the opinion that the confession of reversible error by the state is supported by the record and the law and that oral argument in this cause would serve no purpose. Therefore the judgment and sentence appealed from is hereby reversed.

Reversed.  