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STATE v. BUTLER

No. 93,499.

735 So.2d 481 (1999)

STATE of Florida, Petitioner, v. Jeremiah BUTLER, Respondent.

Supreme Court of Florida.

April 29, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and L. Michael Billmeier, Assistant Attorney General, Tallahassee, Florida, for Petitioner.

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Respondent.

PER CURIAM.

We have for review Butler v. State, 711 So.2d 1183 (Fla. 1st DCA 1998), which expressly and directly conflicts 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...

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