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Mixed DML error on abort of a Job in Winter 13

An update in winter 13 has broken critical features. We have a section of code that aborts a batch proccess. In Summer 12 it works in the latest Winter 13 patch it does not. 


This the error that we get in Winter 13


Update failed. First exception on row 0 with id a1eQ000000058HGIAY; first error: MIXED_DML_OPERATION, DML operation on setup object is not permitted after you have updated a non-setup object (or vice versa): cms__Schedule__c, original object: CronJobDetail: []

Error is in expression '{!stopScheduler}' in component <apex:page> in page cms:setupschedule


FYI: This was working in winter 13 before September the 26th. A winter 13 patch broke this.