From Casetext: Smarter Legal Research

Joseph v. State

District Court of Appeal of Florida, Third District
Jun 27, 1989
550 So. 2d 1134 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-2625.

June 27, 1989.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


The defendant was charged with first-degree murder. The state waived the death penalty; however, the defendant did not waive his right to a twelve-person jury. We reverse the defendant's conviction and remand the cause to the trial court for a new trial on the authority of Mustelier v. State, 550 So.2d 1124 (Fla. 3d DCA 1989); Rodriguez-Acosta v. State, 548 So.2d 248 (Fla. 3d DCA 1989); Griffith v. State, 548 So.2d 244 (Fla. 3d DCA 1989); and Jones v. State, 548 So.2d 244 (Fla. 3d DCA 1989).

We certify the following question to the supreme court as one of great public importance:

IS A TWELVE-PERSON JURY REQUIRED IN A FIRST-DEGREE MURDER CASE IN WHICH THE PROSECUTION WAIVES THE DEATH PENALTY?

Reversed and remanded for a new trial; question certified.


Summaries of

Joseph v. State

District Court of Appeal of Florida, Third District
Jun 27, 1989
550 So. 2d 1134 (Fla. Dist. Ct. App. 1989)
Case details for

Joseph v. State

Case Details

Full title:RAYMOND JOSEPH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 27, 1989

Citations

550 So. 2d 1134 (Fla. Dist. Ct. App. 1989)

Citing Cases

State v. Joseph

SHAW, Justice. We have for review Joseph v. State, 550 So.2d 1134 (Fla. 3d DCA 1989), in which the district…

Enriquez v. State

Because the defendant was tried below by a six-person jury and did not personally waive his right to be tried…