Irving v. State

Appellant, Charles Irving (Irving), appeals his convictions for attempted second degree murder with a firearm and unlawful possession of a firearm, and his sentence as a habitual violent felony offender. For the following reasons, we affirm on the three points presented as alleged error, but remand Irving’s conviction and sentence for unlawful possession of a firearm while engaged in a criminal offense.

I

Irving’s first appellate issue is that the cumulative effect of the prosecutor’s improper comments in closing argument requires reversal. After reviewing the numerous comments which are…