Opinion
No. 4D01-1305.
September 4, 2002.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Judge; L.T. Case No. 99-9965 CF10A.
Carey Haughwout, Public Defender, and Jennifer Brooks, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Susan Odzer Hugentugler, Assistant Attorney General, Fort Lauderdale, for appellee.
Affirmed. Although the prosecutor made an unobjected to misstatement of law in closing argument, we conclude that the error was harmless beyond a reasonable doubt when viewed in the context of the entire closing argument; the considerable number of times during argument where the prosecutor made the correct statement of law; the court's instructions that what the lawyers say is neither evidence nor argument; and the court's proper instructions of the law. See Almeida v. State, 748 So.2d 922, 927 (Fla. 1999).
WARNER, GROSS and HAZOURI, JJ., concur.