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STATE v. BYARS

No. 4D00-2812.

804 So.2d 336 (2001)

STATE of Florida, Appellant, v. Eugene Michael BYARS, Appellee.

District Court of Appeal of Florida, Fourth District.

July 11, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellee.

Prior report: 792 So.2d 1235.

WARNER, J.

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...

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