Legal Opinion

State v. Fulk

Ohio Court of Appeals

Decided June 25, 2007No. 15-06-13PublishedCited by 7 opinions

1Opinion of the Court

Preston, Judge.

{¶ 1} Pro se defendant-appellant John R. Fulk appeals the Van Wert County Court of Common Pleas decision to resentence him to nonminimum and consecutive prison terms totaling 16 years. For the reasons that follow, we vacate Fulk’s new sentence, and we remand this cause to the trial court for further proceedings consistent with this opinion.

{¶ 2} On July 2, 2004, the Van Wert County Grand Jury indicted Fulk on six counts of rape in violation of R.C. 2907.02(A)(1)(b). Each count constituted a first-degree felony offense.

{¶ 3} Fulk pleaded not guilty to the six counts. But on…

2Cases cited4 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. State v. FosterOhio Supreme Court · 2006
  3. State v. ReynoldsOhio Supreme Court · 1997
  4. State v. HillOhio Court of Appeals · 1998

3Cited by7 opinions

  1. State v. AndrewsOhio Court of Appeals · 2011
  2. State v. BookerOhio Court of Appeals · 2011
  3. State v. BoreckyOhio Court of Appeals · 2020
  4. State v. WaulkOhio Court of Appeals · 2016
  5. State v. Deaton, 4-08-03 (8-18-2008)Ohio Court of Appeals · 2008

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