
    Elius POLY, Appellant, v. STATE of Florida, Appellee.
    No. 83-2314.
    District Court of Appeal of Florida, Fourth District.
    April 3, 1985.
    Richard L. Jorandby, Public Defender and Cathleen Brady, Assistant Public Defender, West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, West Palm Beach, for appellee.
   PER CURIAM.

AFFIRMED.

DOWNEY and HURLEY, JJ., concur.

LETTS, J., concurs specially with 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.  