Harding v. State

FULMER, Judge.

Gary Harding appeals his conviction for three counts of lewd sexual battery in violation of section 800.04(3), Florida Statutes (1995). While we affirm, we write to expressly disapprove the argument that Harding’s trial counsel sought to present to the jury.

Harding asserts that the trial court should have allowed his counsel to ask the jury not to follow the law. During closing argument, Harding’s counsel told the jury that “sometimes the law doesn’t fit, sometimes it just isn’t right. The ends don’t always justify the means.” Counsel then baldly said, “I’m standing up in front…