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Rodriguez v. State

District Court of Appeal of Florida, Third District
Jun 23, 1992
600 So. 2d 46 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-141.

June 23, 1992.

An Appeal from the Circuit Court for Dade County; Jeffrey Rosinek, Judge.

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BASKIN, COPE and GERSTEN, JJ.


CONFESSION OF ERROR


We treat the State's motion to relinquish jurisdiction as a confession of error. The State concedes that appellant Ruben Rodriguez was entitled to a hearing on the question of whether he had violated his furlough agreement. See Walker v. State, 578 So.2d 514, 515 (Fla. 3d DCA 1991); see also Walker v. State, 599 So.2d 233 (Fla. 3d DCA 1992).

The court is, of course, free to reimpose the sentence of five years "[i]f no excuse for non-attendance and no unjustifiable arrest are established after remand. . . ." 578 So.2d at 515.

Reversed and remanded for hearing.


Summaries of

Rodriguez v. State

District Court of Appeal of Florida, Third District
Jun 23, 1992
600 So. 2d 46 (Fla. Dist. Ct. App. 1992)
Case details for

Rodriguez v. State

Case Details

Full title:RUBEN RODRIGUEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 23, 1992

Citations

600 So. 2d 46 (Fla. Dist. Ct. App. 1992)

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