Opinion
No. 91-44.
October 8, 1991.
Appeal from the Circuit Court for Duval County; Judge Thomas Oakley.
Jeanine B. Sasser of Sasser Sopp, Jacksonville, for appellant.
Robert A. Butterworth, Atty. Gen., and Charles T. Faircloth, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
AFFIRMED.
BARFIELD and ALLEN, JJ., concur.
ZEHMER, J., specially concurs with opinion.
In this criminal prosecution for attempted murder by stabbing the victim with a knife, the prosecuting attorney should not consider our affirmance without opinion as an approving endorsement of his conduct during argument. The prosecuting attorney's stabbing of a cardboard box six times with the knife in evidence was highly improper and should have been immediately corrected by the trial court. I join in this affirmance only because this incident was harmless error under the circumstances of this case.