Tucker v. State

OPINION

BARTEAU, Judge.

Charles A. Tucker appeals his conviction of home improvement fraud, a Class C felony, raising five issues:

1. Whether spraying for termites is a "home improvement" under the home improvement fraud statute;

2. Whether Tucker caused the victim to enter into a contract;

3. Whether there was evidence of two contracts;

4. Whether there was evidence that both houses owned by the victim were residential property; and

5. Whether Tucker was denied a fair trial by prosecutorial misconduct.

FACTS

Viewed most favorably to the State, the evidence shows that Tucker went to the home of Eva…