State v. Gross

PERRY, Judge.

Jeffrey Brian Gross appeals from his judgment of conviction and five-year sentence for felony driving under the influence (DUI). Because we conclude that the prosecutor made several improper comments during closing argument that cumulatively amounted to fundamental error depriving Gross of a fair trial, we vacate Gross’s judgment of conviction and remand for a new trial.

I

FACTS AND PROCEDURE

According to the state’s evidence at trial, on January 25, 2005, a police officer, who was following a vehicle driven by Gross observed Gross signal a right turn, signal a left turn, signal a…