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MOORE v. STATE

No. 83-1164.

452 So.2d 973 (1984)

Gwen MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 1984.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Stephen W. Benedict, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Andrew W. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Reversed on authority of Hicks v. State, 452 So.2d 606 (Fla. 4th DCA 1984).

ANSTEAD, C.J., and DOWNEY, JJ., concur.

GLICKSTEIN, J., concurs only in reversal with opinion.

GLICKSTEIN, Judge, concurring only in the reversal.

I concur in the reversal because it was error for the trial court to proceed as it did. However, I disagree with the analysis and "per se" rule adopted in

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