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. It is so ordered. BARRETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.