State of Florida v. Orbie Fulks

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 STATE OF FLORIDA, Appellant, v. ORBIE FULKS, Appellee. CASE NOS. 4D03-4783 and 4D03-4994 Opinion filed April 20, 2005 Consolidated appeals and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lee Jay Seidman, Judge; L.T. Case No. 02-10813CFA. Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellant. Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellee. 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. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.