SHARON ENCINOSA, APPELLANT,

v.

ROLANDO JESUS ENCINOSA, JR., APPELLEE

Citator

Cited By

• Blair v. State, 667 So. 2d 834 (Fla. 4th DCA 1996)
  …5. The corollary to the court’s holdings in Tucker and Griffith is that proceeding to trial with less than six jurors does in fact deprive a defendant of a fundamental right which accordingly requires an on-the-record waiver. In Flanning v. State, 597 So. 2d 864 (Fla. 3d DCA), review denied, 605 So. 2d 1266 (Fla.1992), Judge Hubbart writing for the third district determined that a defendant can waive the right to a unanimous jury verdict and accept a five-one majority verdict, but opined that in most cases…

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• Brown v. State, 661 So. 2d 309 (Fla. 1st DCA 1995)
  …A juror cannot vote by proxy. Appellant did not waive his right to trial by a jury composed of six of his peers. See Burch v. Louisiana, 441 U.S. 130, 99 S.Ct. 1623, 60 L.Ed.2d 96 (1979); Jones v. State, 92 So. 2d 261 (Fla.1956); Flanning v. State, 597 So. 2d 864 (Fla. 3d DCA 1992). Appellant also contends that his conviction for attempted manslaughter should be reversed on grounds that ambiguities in the jury instructions might have led to a conviction even if the jury had concluded that he was guilty of n…
• Smart v. State, 695 So. 2d 448 (Fla. 1st DCA 1997)
  …jury. For example, the defendant has a right to decide whether to [*451] waive a jury trial in favor of a bench trial, State v. Upton, 658 So. 2d 86 (Fla.1995), whether to waive the requirement that the jury verdict be unanimous, Flanning v. State, 597 So. 2d 864 (Fla. 3d DCA 1992), and whether to proceed in a noncapital case with a jury of fewer than six persons. Blair v. State, 667 So. 2d 834 (Fla. 4th DCA 1996). Likewise, a criminal defendant has a right to be present in court during the time the jury is…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)