BRANDON KEITH OWENSBY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2023-11-15
No. 2022-3404
Bauer, Jr., J., Warner, J., Gross, J., Damoorgian, J.
Florida District Court of Appeal, Fourth District (2023)

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Holding

A defendant is not entitled to a twelve-person jury in the circumstances presented in this case.


Facts & Procedural History

Brandon Keith Owensby was convicted in the Circuit Court for Martin County. He appealed, contending he was entitled to a twelve-person jury.…

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Opinion of the Court
Damoorgian

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

BRANDON KEITH OWENSBY, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2022-3404

[November 15, 2023]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge;

L.T.

Case No. 432021CF000298A.

Carey Haughwout, Public Defender, and Nancy Jack, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Heidi L. Bettendorf, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. As to appellant’s contention that he was entitled to a twelveperson jury, see Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC2022-1597, 2023 WL 3830251 (Fla. June 6, 2023), cert. pending, No. 23-5173 (U.S. July 21, 2023).

WARNER, GROSS and DAMOORGIAN, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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