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DIAZ v. STATE

No. 4D00-3133.

797 So.2d 1286 (2001)

Angel DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 31, 2001.

Attorney(s) appearing for the Case

Maury Halperin, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Meredith L. Balo, Assistant Attorney General, Fort Lauderdale, for appellee.

GROSS, J.

We find one unpreserved error, but no fundamental error, in the prosecutor's closing argument. "A prosecutor's obligation is to secure justice, not victory at any cost." Cruse v. State, 522 So.2d 90, 91 (Fla. 1st DCA 1988). However, this duty does not limit prosecutors' closing arguments to flat, robotic recitations of "just the facts." Closing argument "is a time for robust, vigorous, challenging ... of an opponent...

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