Mathis v. State

Appellant, Brian Mathis (Mathis), appeals his convictions for three counts of sexual battery upon a child. Mathis raises two points on appeal and we reverse based upon a prejudicial comment that indicated Mathis had previously been incarcerated.

Mathis and Iris Sands (Sands) had two children together, B.M. and T.M. (the victim). On October 18, 1996, Sands brought the victim and B.M. to the Days Inn hotel where Mathis resided for a weekend visit. The first night the children were with Mathis, he allegedly picked up the victim *1122by her stomach and placed her on his bed.1 After placing the victim…