
    The STATE of Florida, Appellant, v. Anthony Lynn FULTZ, Appellee.
    No. 81-259.
    District Court of Appeal of Florida, Third District.
    Sept. 15, 1981.
    Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.
    Harold T. Fields, Jr., Miami, for appellee.
    Before HENDRY, SCHWARTZ and NESBITT, JJ.
   PER CURIAM.

The appellee having confessed error in the trial court’s granting of his sworn motion to dismiss, and such error clearly appearing, see, State v. Thompson, 399 So.2d 4851 (Fla.3d DCA 1981); State v. Horne, 399 So.2d 49 (Fla.3d DCA 1981); State v. Johnson, 398 So.2d 500 (Fla.3d DCA 1981), the order of dismissal is reversed and the cause remanded for further proceedings.

Reversed and remanded.  