Opinion
No. 88-3145.
June 20, 1989.
An Appeal from the Circuit Court of Monroe County; Richard J. Fowler, Judge.
Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and FERGUSON and LEVY, JJ.
Based upon the State's confession of error filed in this cause, as well as our own independent review of the record herein, both the judgment and sentence entered in this case are reversed, with this cause being remanded to the trial court with directions that the Defendant be afforded the opportunity to withdraw his guilty plea. See Perry v. State, 510 So.2d 1083, 1084 (Fla. 2d DCA 1987).
Reversed and remanded with directions.