[Download] "State v. Byars" by Florida Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Byars
- Author : Florida Court of Appeals
- Release Date : January 11, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The state appeals the dismissal of a count of armed burglary of an occupied structure with an assault or battery which the trial court dismissed based upon Miller v. State, 733 So. 2d 955 (Fla. 1998). Miller held that where a defendant can establish that the premises were open to the public, as provided in the statute, it is a complete defense to the charge of burglary. 733 So. 2d at 957. Because the premises where appellee allegedly committed the murder were open to the public, even though he was prevented by a domestic violence injunction from entering the store, we are compelled to affirm on the authority of Miller. Appellee was prevented by a domestic violence injunction from coming into the consignment store where the victim, Ms. Kincaid, worked. Despite the injunction, on the morning of September 17, 1998, appellee allegedly killed Ms. Kincaid in the store. The state charged appellee with first degree murder and armed burglary of an occupied structure with an assault/battery, along with other lesser charges. Appellee moved to dismiss the burglary charge on the basis of Miller. The court dismissed the charge, and the state appeals.