Supreme Court of Florida

Because a restraining order, enjoining a defendant from entering a structure, does not withdraw the consent enjoyed by the general public from entry, which might prevent the defendant from asserting the "open to the public" defense, a burglary charge was correctly dismissed.

Appellate Information

• Decided 07/03/2002
• Published 07/03/2002

Judges

• LEWIS, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Robert A. Butterworth, Attorney General, Celia A. Terenzio, Assistant Attorney General, Chief, West Palm Beach Bureau, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, FL, for Petitioner., Bethanne Walz, Tallahassee, FL, for The Florida Coalition Against Domestic Violence, Amicus Curiae.


• For Appellees:
  
• Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.