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STATE v. ROGERS

No. 81727.

630 So.2d 177 (1993)

STATE of Florida, Petitioner, v. Mary Joyce ROGERS, Respondent.

Supreme Court of Florida.

November 10, 1993.

Attorney(s) appearing for the Case

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.

McDONALD, Justice.

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.

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