The appellee has confessed error. Accordingly, the trial court’s order granting the defendant’s motion pursuant to Fla.R. Crim.P. 3.190(c)(4) is reversed and this cause remanded to the trial court for further proceedings. Ensor v. State, 403 So.2d 349 (Fla.1981); State v. Davis, 234 So.2d 587 (Fla.1971); State v. Bryant, 373 So.2d 708 (Fla. 3d DCA 1979).
Reversed and remanded.