
    STATE of Florida, Appellant, v. Edwin Melvin PONDER, Appellee.
    No. 82-544.
    District Court of Appeal of Florida, Fifth District.
    March 23, 1983.
    Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Dayto-na Beach, for appellant.
    James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Day-tona Beach, for appellee.
   DAUKSCH, Judge.

The order of the trial court granting the motion to dismiss the information in this case was based upon Hicks v. State, 407 So.2d 252 (Fla. 5th DCA 1982). Because the Supreme Court reversed Hicks in State v. Hicks, 421 So.2d 510 (Fla.1982), we must reverse the order dismissing the information in this case.

REVERSED AND REMANDED.

ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.  