Florida District Courts of Appeal, 1985

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)

Cases that cite this one

1 later published case cites this decision.

Poly v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.