Prosecutor Misstated the Law With Regard to the Jury's Role

In Henyard v. State, 689 So. 2d 239, 249-50 (Fla. 1996), the court stated that "a jury is neither compelled nor required to recommend death where aggravating factors outweigh mitigating factors." However, in Henyard the court also determined that no reversible error occurred when the prosecutor at least three times misstated the law with regard to the jury's role in Florida's sentencing scheme. The court noted there that the trial judge properly instructed jurors on their role.