McFearson

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.]

II. Prosecutorial Misconduct * McFearson testified he shot at Ervin because he believed Ervin was going to shoot at him. During closing argument, the prosecutor argued the claim of self-defense was baseless. During his closing argument, McFearson's counsel suggested that McFearson thought Ervin was going to pull out a gun when he put his cell phone down while seated in the car. This argument brought the following rebuttal from the prosecutor:

"One of the things you need to think about is the defendant says there was a gun in the victim's possession that night.

"How many officers testified up on that witness stand? How many officers said: I located a gun at the scene of the Day Night Market?

"There were no questions asked of those officers by defense: Did you locate a gun?

"When asked by me: What items of evidence did you locate? The officers testified about finding casings, about finding bullets. Not a single officer located the gun.

"So if there was a gun, where was that gun?

"The cars get towed. The cars were inspected. Mr. Marquez…