Mustelier v. State

Salvador F. MUSTELIER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 18, 1989.

District Court of Appeal of Florida · decided 1989-04-18

Cited by 5 later decisions — most recently July 1990

5 state decisions

Key passage — most relied on by later courts

“Is a twelve-person jury required in a first-degree murder case in which the prosecution waives the death penalty?”

quoted by 2 later decisions, including State v. Mustelier, 550 So. 2d 1134 - Joseph v. State

Relies on Jones v. State · Rodriguez-Acosta v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-18

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¶1 *1125 Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, JORGENSON and COPE, JJ.

¶4PER CURIAM.

¶5Salvador F. Mustelier's convictions are reversed, and the cause is remanded to the trial court for a new trial on all charges upon the authority of Rodriguez-Acosta v. State,548 So.2d 248 (Fla. 3d DCA 1989); Griffith v. State,548 So.2d 244 (Fla. 3d DCA 1989); and Jones v. State,548 So.2d 244 (Fla. 3d DCA 1989).

¶6We certify the following question to the supreme court as one of great public importance:

IS A TWELVE-PERSON JURY REQUIRED IN A FIRST-DEGREE MURDER CASE IN WHICH THE PROSECUTION WAIVES THE DEATH PENALTY?

¶7Reversed and remanded for a new trial; question certified.