SAMUEL POOLE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-08-22
No. 86-1509
Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.
550 So. 2d 1144 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

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.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Enriquez v. State, 561 So. 2d 1189 (Fla. 3d DCA 1989)
    …dant’s first-degree murder conviction and remand the 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); Jone…
  • State v. Poole, 561 So. 2d 535 (Fla. 1990)
    …McDONALD, Justice. We review Poole v. State, 550 So. 2d 1144 (Fla. 3d DCA 1989), in which the district court certified as a question of great public importance the same question it certified in Griffith v. State, 548 So. 2d 244, 246 n. 2 (Fla. 3d DCA 1989), i.e.: Whether a twelve-person jury is required in a…

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