STATE of Florida, Petitioner,
v.
Moses K. MURRAY, Respondent.
Supreme Court of Florida.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for petitioner.
Gary S. Israel, West Palm Beach, for respondent.
*956 SHAW, Judge.
Petitioner seeks review of Murray v. State,
Respondent was convicted of possession of a firearm by a felon. The district court of aрpeal reversed. The issue presented to the district court was whether the prоsecutor's closing argument constituted reversible error. In attacking defendant's crеdibility, the prosecutor argued:
I suggest to you, ladies and gentlemen, that here is a man who thinks he knows the law; thinks he can twist and bend the law to his own advantage and lie to you in cоurt so that he is acquitted and not sent to prison as a result or otherwise adjudicated in any fashion.
Murray,
In reversing the conviction, the district court stated:
This last comment, neither provoked nor justified, was a plain violation of the Code of Professional Responsibility. The criminal justice system cannot function without zealous prosecution, nor with unprofessional аdvocacy whether the latter be in the form of indifference on the one hand or intemperate conduct on the other. One cannot successfully prosecute without fire in the belly nor with its misuse. (Footnote omitted, emphasis in original.)
Murray,
When there is overzealousness or misconduct on the part of either the рrosecutor or defense lawyer, it is proper for either trial or appellate courts to exercise their supervisory powers by registering their disapprоval, or, in appropriate cases, referring the matter to The Florida Bar fоr disciplinary investigation. Arango v. State,
We have reviewed the record and find the error harmless. The evidence against the defendant was overwhelming Evidence was introduced showing that defendant had been previously convicted of felony robbery. Two witnesses testified that just preceding the arrest they saw defendant with a firearm. One of these *957 witnesses testified that defendant had hidden the firearm under a vehicle passenger seat on whiсh defendant sat. A police officer testified that he stopped the vehiclе in which defendant was a passenger, and found the firearm under defendant's seat. Anothеr officer testified that defendant had made a statement to him admitting that he had the firearm in his possession. In the face of this evidence, defendant took the stand and denied that he had ever possessed the firearm or known of its existence. Under these circumstances, the credibility of defendant as a witness was subject to attack in сlosing argument. While the prosecutor's comments were excessively pungent, the court admonished him upon objection, and the remarks do not rise to the level of harmful error.
The decision of the district court of appeal is quashed and the case remanded for reinstatement of the trial court judgment.
It is so ordered.
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD and EHRLICH, JJ., concur.
