RAYMOND JOSEPH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RAYMOND JOSEPH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
550 So. 2d 1134
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Joseph, 561 So. 2d 534 (Fla. 1990)…SHAW, Justice. We have for review Joseph v. State, 550 So. 2d 1134 (Fla. 3d DCA 1989), in which 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? Id. at 1135. We h…
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Enriquez v. State, 561 So. 2d 1189 (Fla. 3d DCA 1989)…cause to the trial court with directions to conduct a new trial on this charge alone; the fact that the state did not seek the death penalty in this case cannot change this result. Poole v. State, 550 So. 2d 1144 (Fla. 3d DCA 1989); Joseph v. State, 550 So. 2d 1134 (Fla. 3d DCA 1989); 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); Jones v. State, 548 So. 2d 244 (Fla. 3d DCA 1989). We aff…
Authorities Cited
- Rodriguez-Acosta v. State, 548 So. 2d 248 (Fla. 3d DCA 1989)
- Jones v. State, 548 So. 2d 244 (Fla. 3d DCA 1989)
- Griffith v. State, 548 So. 2d 244 (Fla. 3d DCA 1989)
- State v. J.R.R., 550 So. 2d 1124 (Fla. 3d DCA 1989)