Poole v. State

District Court of Appeal of Florida

Poole v. State

550 So. 2d 1144, 14 Fla. L. Weekly 1974, 1989 Fla. App. LEXIS 4701, 1989 WL 97590

District Court of Appeal of Florida·Decided August 22, 1989·No. No. 86-1509·Published·Cited by 2 cases

Opinion

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.

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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.

Poole v. State, 550 So. 2d 1144, 14 Fla. L. Weekly 1974, 1989 Fla. App. LEXIS 4701, 1989 WL 97590 (Fla. Ct. App. 1989).

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Opinion

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