We reverse an order denying appellant’s Rule 3.850 motion, and further reverse his conviction and sentence on the authority of Phillips v. State, 623 So.2d 621 (Fla. 4th DCA 1993). See also State v. Williams, 623 So.2d 462 (Fla. 1993). On remand, appellant is to be discharged.

As the state agrees that this result is mandated under Phillips, we dispense with the time for filing motions for rehearing and direct that a mandate issue forthwith.