DAMIANO
v.
STATE OF FLORIDA
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A conviction by a six-person jury does not violate a defendant's constitutional rights under current precedent.
[1] A conviction by a six-person jury does not violate a defendant's Sixth and Fourteenth Amendment rights under current precedent, though the United States Supreme Court has…
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Join FLexlaw to unlock all legal intelligenceAnthony J. Damiano was convicted by a six-person jury of fleeing to elude a law enforcement officer under Florida Statute § 316.1935(1).…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
ANTHONY J. DAMIANO, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 2D2025-1882
October 30, 2026
Appeal from the County Court for Manatee County; Stephen M. Whyte, Judge.
Blair Allen, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee; and Lara E. Breslow, Assistant Attorney General, Tampa, for Appellee.
LaROSE, Judge.
Anthony J. Damiano appeals his judgment and sentence for fleeing to elude a law enforcement officer. See § 316.1935(1), Fla. Stat. (2023). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A).
Mr. Damiano presents one issue: his conviction by a six-person jury violated his constitutional rights. This issue lacks merit under current precedent. See Williams v. Florida, 399 U.S. 78, 86 (1970); Serrano-Delgado v. State, 392 So. 3d 251, 253-54 (Fla. 2d DCA 2024). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025) (table decision); Pet. for Writ of Cert. at ii, Kian v. Florida, No. 25-6623 (U.S. Jan. 9, 2026) (presenting the Court with the question of whether petitioner "was derived [sic] of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony"), cert. granted, 146 S. Ct. 2732 (2026) (No. 25-6623).
Affirmed.
SILBERMAN and GUARD, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. Florida, 399 U.S. 78 (U.S. 1970)
- Hamed Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025)
- Serrano-Delgado v. State, 392 So. 3d 251 (Fla. 2d DCA 2024)