Florida District Courts of Appeal, 2005

State v. Fulks

State v. Fulks
Florida District Courts of Appeal · Decided April 20, 2005 · Gross, Warner
899 So. 2d 1243; 2005 Fla. App. LEXIS 5446; 2005 WL 906163 (Southern Reporter, Second Series)

State v. Fulks

Opinion of the Court

PER CURIAM.

We affirm the downward departure sentence imposed pursuant to section 921.0026(2)(j), Florida Statutes (2002). On the cross-appeal, we find no error in the trial court’s denial of a motion for judgment of acquittal on the burglary/battery charge. In the light most favorable to the state, the evidence supported the conclusion that Fulks had passed the “boiling point” by the time he entered his estranged wife’s apartment. Based on the request for relief in Fulks’s brief on the cross-appeal, we do not reach the other issues on the cross-appeal, and affirm.

WARNER, GROSS and MAY, JJ., concur.

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