Poole v. State

Full title: SAMUEL POOLE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 22, 1989

550 So. 2d 1144 (Fla. Dist. Ct. App. 1989)

Opinion

No. 86-1509.

August 22, 1989.

An Appeal from the Circuit Court for Monroe County; David P. Kirwan, Judge.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

PER CURIAM.

On the authority of Griffith v. State, 548 So.2d 244 (Fla. 3d DCA 1989); Jones v. State, 548 So.2d 244 (Fla. 3d DCA 1989); Rodriguez-Acosta v. State, 548 So.2d 248 (Fla. 3d DCA 1989); and Mustelier v. State, 550 So.2d 1124 (Fla. 3d DCA 1989), the appellant's first degree murder conviction is reversed because he did not validly waive a twelve person jury to which he was entitled notwithstanding the state's determination not to seek the death penalty. It is certified to the supreme court that this case involves the same question of great public importance as that specified in the cited cases.