
    The STATE of Florida, Appellant, v. Arturo GALLEGO, Appellee.
    No. 79-1956.
    District Court of Appeal of Florida, Third District.
    Feb. 19, 1980.
    Janet Reno, State’s^ Atty., and Milton Robbins, Asst. State’s Atty., for appellant.
    Bennett H. Brummer, Public Defender, and Peter Raben, Asst. Public Defender, for appellee.
    Before HENDRY, SCHWARTZ and NESBITT, JJ.
   PER CURIAM.

This is an appeal by the state from an order excluding a witness from testifying at the trial because he did not attend a deposition set by the defendant. The defendant-appellee has confessed error in the order under review. Upon consideration of the confession of error, the brief of appellant, and the record, the order below is

Reversed.  