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FULLMER v. STATE

No. 5D00-1303.

790 So.2d 480 (2001)

Lamar J. FULLMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 25, 2001.

Attorney(s) appearing for the Case

Kepler B. Funk and Keith F. Szachacz of Funk & Szachacz, P.A., Melbourne, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

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...

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