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RUIZ v. STATE

No. 4D08-687.

23 So.3d 208 (2009)

Kenneth RUIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 2, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

Kenneth Ruiz failed to immediately leave the parking lot of a nightclub when asked to do so by an off-duty police officer, was charged with and convicted of trespass in a structure, and was sentenced to forty days in jail. Because the parking lot was not a part of the "curtilage" of the nightclub, we reverse.

Ruiz was charged with second-degree attempted murder of a law enforcement officer, resisting with violence, and trespass in a structure...

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