STATE OF FLORIDA, APPELLANT,
v.
EUGENE MICHAEL BYARS, APPELLEE
STATE OF FLORIDA, APPELLANT,
EUGENE MICHAEL BYARS, APPELLEE
792 So. 2d 1235
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Topics
Explore caselaw by topic → Browse Question Of Great Public Interest cases and more on FLexlaw
Opinion of the Court
WARNER, J.
We grant the state’s motion for certification of the following question of great public importance. We certify the following question:
DOES A RESTRAINING ORDER ENJOINING A DEFENDANT FROM ENTERING A STRUCTURE WITHDRAW THE CONSENT ENJOYED BY MEMBERS OF THE GENERAL PUBLIC FROM ENTRY INTO THE STRUCTURE, THEREBY PREVENTING THE DEFENDANT FROM RAISING THE OPEN TO THE PUBLIC DEFENSE RECOGNIZED IN MILLER V. STATE, 733 So. 2d 955 (Fla.1998).
Although appellee argues that this court should not certify because this case does not involve a common or recurring question, we disagree. With the increase of domestic violence injunctions over the past several years, this same factual situation has the capability of being repeated often. Because of this, we conclude that it is a question of great public importance.
STEVENSON, and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Byars, 823 So. 2d 740 (Fla. 2002)…URE WITHDRAW THE CONSENT ENJOYED BY MEMBERS OF THE GENERAL PUBLIC FROM ENTRY INTO THE STRUCTURE, THEREBY PREVENTING THE DEFENDANT FROM RAISING THE OPEN TO THE PUBLIC DEFENSE RECOGNIZED IN MILLER V. STATE, 733 So. 2d 955 (Fla. 1998)? State v. Byars, 792 So. 2d 1235, 1235 (Fla. 4th DCA 2001). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Facts and Procedural History Despite an existing domestic violence injunction prohibiting his physical presence within his wife’s place of employment, the responde…
-
Camplin v. State, 813 So. 2d 253 (Fla. 4th DCA 2002)…4] PER CURIAM. We reverse appellant’s concurrent sentences as a habitual violent felony offender and prison releasee reoffender and remand to the circuit court for resentencing. See Grant v. State, 770 So. 2d 655, 659 (Fla.2000); Appolon v. State, 792 So. 2d 1235, 1236 (Fla. 4th DCA 2001). POLEN, C.J., STONE and GROSS, JJ., concur.…
Authorities Cited
- Miller v. State, 733 So. 2d 955 (Fla. 1998)