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600 So. 2d 46

Rodriguez v. State

District Court of Appeal of Florida · decided 1992-06-23

Relies on Walker v. State · 578 So. 2d 514 - Walker v. State

Decided 1992-06-23

¶1CONFESSION OF ERROR

PER CURIAM.

¶2We 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).

¶3The 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.

¶4Reversed and remanded for hearing.

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