Butcher, Charles E. Ii

OPINION

Newell, J.,

filed a concurring opinion.

I join the majority opinion, but I write separately to address my concern that too much focus upon the need to preserve the incentive nature of the statute obscures the determination of whether a particular location is “safe.”

As both the majority and the dissenting opinions demonstrate, it is exceedingly difficult to come up with a “one-size-fits-all” definition for what constitutes a safe place. Consequently, this Court has settled upon the dynamic and non-exhaustive list of factors set out in Williams v. State to help guide courts of appeals on a…