
    Morriss WOLFE, Appellant, v. The STATE of Florida, Appellee.
    No. 71-341.
    District Court of Appeal of Florida, Third District.
    Feb. 13, 1973.
    Horton, Schwartz & Perse, Marco Lof-fredo, Miami, for appellant.
    Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellee.
    Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ-
   ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on January 11, 1972 (256 So.2d 533) affirming the judgment and sentence of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, 271 So.2d 132, by its opinion and judgment filed December 20, 1972 and mandate now lodged in this court, quashed this court’s judgment and remanded the cause with directions,

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on February 2, 1972 is withdrawn, the judgment of this court filed January 11, 1972 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment and sentence of the trial court is reversed and set aside and a judgment of acquittal of the defendant Morriss Wolfe in Criminal Court of Record Case No. 70-10991 is hereby entered.

It is so ordered.

Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).  