Faulk v. State

Appellant, who was convicted of burglary with a battery, raises a number of issues on appeal. We find one to be dispos-itive: appellant alleges the trial court’s failure to instruct the jury on his affirmative defense of consent to enter the victim’s vehicle amounted to fundamental error. We agree with appellant and reverse and remand for a new trial.

The prosecution asserted during appellant’s trial that the victim was waiting in her vehicle on New Year’s Eve outside of a club to pick up a friend when appellant, uninvited, jumped into the passenger seat of her vehicle, demanded money from…