ABDUL RAHEEM GRAY
v.
STATE OF FLORIDA

Fla. 4th DCA | 2026-10-14
No. 2025-3034
Nutt, J., Forst, J., Shepherd, J., Shaw, J.
2026 FL 13782 Florida District Court of Appeal, Fourth District (2026)

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Holding

Florida's use of six-person juries in criminal trials is constitutional and does not violate the defendant's rights.


Facts & Procedural History

Abdul Raheem Gray was convicted by a six-person jury of fleeing or attempting to elude a marked police car and driving while his license was canceled,…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ABDUL RAHEEM GRAY, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D2025-3034

[October 14, 2026]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No. 502024CF001808AXXXMB.

Daniel Eisinger, Public Defender, and Benjamin Nathaniel Paley, Assistant Public Defender, West Palm Beach, for appellant.

James Uthmeier, Attorney General, Tallahassee, and Mary Elizabeth Johnson, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

This appeal follows the defendant's convictions for Fleeing or Attempting to Elude Marked Police Car (Count I) and Driving While License Canceled, Suspended, or Revoked (Count II) following a bifurcated jury trial. The defendant raises four issues on appeal. We affirm the circuit court's use of a six-person jury given long-standing precedent. See Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22- 1597, 2023 WL 3830251 (Fla. June 6, 2023); Cunningham v. Florida, 144 S. Ct. 1287 (2024) (denying petition for writ of certiorari challenging Florida's use of six-member juries). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, No. SC25-6623, 2026 WL 1718018 (June 15, 2026). We affirm all other issues without discussion.

Affirmed.

FORST, SHEPHERD and SHAW, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.


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