Opinion
No. 81727.
November 10, 1993.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions First District — Case No. 91-854 (Levy County).
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Criminal Appeals, Asst. Atty. Gen., and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for petitioner.
Gwendolyn Spivey, Special Asst. Public Defender, Tallahassee, for respondent.
The petition for review of Rogers v. State, 616 So.2d 1098 (Fla. 1st DCA 1993), is granted. We dispense with the filing of briefs on the merits and oral argument. We approve Rogers in part and disapprove it in part as set out in State v. Hickson, 630 So.2d 172 (Fla. 1993), and remand for further proceedings consistent with Hickson.
It is so ordered.
BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.