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STATE v. BYARS

No. SC01-1930.

823 So.2d 740 (2002)

STATE of Florida, Petitioner, v. Eugene Michael BYARS, Respondent.

Supreme Court of Florida.

July 3, 2002.

Attorney(s) appearing for the Case

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.

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

Bethanne Walz, Tallahassee, FL, for The Florida Coalition Against Domestic Violence, Amicus Curiae.

LEWIS, J.

We have for review a decision of a district court of appeal in which the following question has been certified to be of great public importance:

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...

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