THE STATE OF FLORIDA, APPELLANT,

v.

J.R.R., A JUVENILE, APPELLEE

Citator

Cited By

• Poole v. State, 550 So. 2d 1144 (Fla. 3d DCA 1989)
  …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…
• State v. Mustelier, 561 So. 2d 533 (Fla. 1990)
  …McDonald, justice. In Mustelier v. State, 550 So. 2d 1124, 1125 (Fla. 3d DCA 1989), the district court certified the following question 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? We have jurisdiction…
• Joseph v. State, 550 So. 2d 1134 (Fla. 3d DCA 1989)
  …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 [*1135] (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…

Authorities Cited

• State v. M.G., 550 So. 2d 1122 (Fla. 3d DCA 1989)