STATE OF FLORIDA, PETITIONER,
v.
ROBERT LASTER, RESPONDENT
PER CURIAM.
We have for review Laster v. State, 28 Fla. L. Weekly D790, — So. 2d-, 1998 WL 129034(Fla. 1st DCA 1998), in which the district court certified conflict with the opinion in Garvin v. State, 685 So. 2d 17 (Fla. 3d DCA 1996), regarding whether the “open to the public” defense is a complete defense to the charge of burglary. See § 810.02(1), Fla. Stat. (1995). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
This case is controlled by our recent decision in Miller v. State, 24 Fla. L. Weekly S155, 733 So. 2d 955 (Fla.1998). In Miller, we held that if a defendant can establish that the premises were open to the public, then this is a complete defense to the charge of burglary. We do not find any merit to the State’s argument in this case that the area behind the counter was not open to the public. Accordingly, we approve the decision of the First District Court of Appeal. We disapprove Garvin to the extent that it is inconsistent with our decision in Miller. It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
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Cruller v. State, 808 So. 2d 201 (Fla. 2002)…1st DCA 1998) (holding that the defendant was convicted improperly of two counts of armed robbery, whether property of the convenience store and property of the store’s employee was taken from the employee “during one continuous episode”), approved, 735 So. 2d 481 (Fla.1999); Horne v. State, 623 So. 2d 777, 777 (Fla. 1st DCA 1993) (reversing one of two convictions for armed robbery because “[tjhere was little or no temporal or geographic break between the two takings” of property from one individual); Hamilto…
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State v. Byars, 823 So. 2d 740 (Fla. 2002)…rly established that a defendant’s proof that a structure and specific location therein was open to the public ends the inquiry with regard to burglary. We have subsequently reaffirmed our adherence to the Miller bright-line rule in State v. Butler, 735 So. 2d 481 (Fla.1999), and Johnson v. State, 786 So. 2d 1162 (Fla.2001). Just as we determined that an owner’s notification to a defendant that he was unwelcome in a building is immaterial to a burglary prosecution, see Miller, 733 So. 2d at 957, we must concl…
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Johnson v. State, 786 So. 2d 1162 (Fla. 2001)…HARDING, J. We have for review Johnson v. State, 737 So. 2d 555 (Fla. 1st DCA 1999), which is in apparent conflict with the opinions in State v. Laster, 735 So. 2d 481 (Fla.1999); State v. Butler, 735 So. 2d 481 (Fla.1999); and Miller v. State, 733 So. 2d 955 (Fla.1999). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We approve the result reached by the First District Cour…1 / 4
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- Miller v. State, 733 So. 2d 955 (Fla. 1998)
- Garvin v. State, 685 So. 2d 15 (Fla. 3d DCA 1996)