5D09-1092 Clifford Fulword v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-1092

Case Date: 03/01/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

CLIFFORD FULWORD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 5, 2010 Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D09-1092

LAWSON, J. Clifford Fulword timely appeals the order denying his motion for new trial, filed after an Orange County jury found him guilty of robbery with a firearm and aggravated battery with a firearm. The State concedes that the trial court applied an incorrect legal standard when addressing Fulword's motion. We agree, and reverse with directions that the trial court reconsider the motion, applying the correct standard.

The State's case against Fulword rested solely on the trial testimony of Shawn Swallow, the alleged victim. Swallow's testimony was somewhat disjointed, and at

times appeared inconsistent. Fulword's new trial motion argued, in part, that the verdict was contrary to the weight of the evidence due to inconsistencies in Swallow's account of the events at issue. In denying the motion, the trial court stated in pertinent part: Well, I think clearly the matter of credibility of witnesses is a matter for the jury, as is the issue of intent. It was the jury

Download 5D09-1092 Clifford Fulword v. State.pdf