¶1specially concurring:
¶2I agree with the majority opinion as to the outcome of this case. I feel, however, the need to suggest that this Court’s opinion in Tobler v. State, 688 P.2d 350, 55 O.B.J. 1789 (Okl.Cr.1984), be read very carefully, as it highlights the position of this Court on prosecutorial misconduct at the trial level. In the case at bar, the prosecutor was precariously close to reversible error, or at the least, modification of the sentence imposed. However, the evidence of guilt was so overwhelming as to not reveal any prejudice due to the errors made by the prosecutor.
¶3It should be noted that many of the errors and improper comments were not objected to at trial, and therefore, were only reviewed for fundamental error and prejudicial effect. Having reviewed the record, I agree that the conviction must be allowed to stand.
¶4As to the excessiveness of the twenty-four (24) year sentence imposed, the appellant argues that there is no justification for that long of a sentence. Of course, it has long been held that this Court will not modify a sentence unless it shocks the conscience of this Court. Dodson v. State, 562 P.2d 916 (Okl.Cr.1977).
¶5As Judge Nix succinctly stated in Beeler v. State, 334 P.2d 799, 807 (Okl.Cr.1959):
“No doubt the jury was in a much better position to assess the punishment than the Criminal Court of Appeals. They heard and had occasion to observe the witness and the testimony of the prosecuting witness which, if believed by the jury, justified their verdict.”
¶6Accordingly, I find no justification for modifying the sentence imposed,