Florida District Courts of Appeal, 1985

Poly v. State

Poly v. State
Florida District Courts of Appeal · Decided April 3, 1985 · Downey, Hurley, Letts
466 So. 2d 423; 10 Fla. L. Weekly 864; 1985 Fla. App. LEXIS 13286 (Southern Reporter, Second Series)

Poly v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

*424DOWNEY and HURLEY, JJ., concur. LETTS, J., concurs specially with opinion.

Concurring Opinion

LETTS, Judge,

specially concurring.

I do not think the improprieties of the prosecutor rose to the level of fundamental error here so I am in agreement with the result. Nonetheless, the prosecutor’s behavior was improper. Any kid out of law school knows that a prosecutor should not, in closing argument, tell a jury that he did not know if he “could live with himself” if the jury found the defendant not guilty.

For such a statement, he needs his professional ears boxed.

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