Fullmer v. State

SHARP, W., J.

Fullmer appeals his convictions and sentences for two counts of a lewd and lascivious act in the presence of a child.1 He argues that the jury verdict was tainted by improper prosecutorial comments. We agree and reverse.

The evidence at trial was in conflict as to whether Fullmer had exposed himself to two young girls, while he was driving his car or whether he had exhibited a rubber penis to them.

Fullmer admitted he was the individual involved. But he said the penis was a rubber penis, not a real one, and that he had held it out the window as he drove away. The rubber penis was…