BIRD, Judge, concurring on denial of rehearing.
I write for the purpose of expressing my agreement with the reasoning of the majority opinion handed down on May 27, 1998, by which this case was reversed and dismissed, and with the court's decision to deny the State's petition for rehearing.
The dissenting opinion suggests that this case should be affirmed by resorting to the remedy fashioned by the supreme court in Hoffman...
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