On this appeal by Michael Robert Retchin from a judgment of conviction and sentence thereon in Case No. 70-3223 in the criminal court of record of Dade County, when the cause came on for oral argument before this court, the state, through the office of the Attorney General, confessed error, whereupon we reverse the judgment appealed from and remand the cause to the trial court with direction that the appellant-defendant be discharged.

It is so ordered.