Poly v. State

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.