State v. Hernandez

District Court of Appeal of Florida

Decided January 14, 1994

District Court of Appeal of Florida · decided 1994-01-14

Cited by 2 later decisions — most recently December 1994

2 state decisions

Key passage — most relied on by later courts

“DOES A TRIAL COURT HAVE THE AUTHORITY TO DISPENSE WITH THE SELECTION OF AN ADVISORY JURY IN THE PENALTY PHASE OF A CAPITAL CASE WITHOUT THE CONSENT OF THE STATE WHEN A DEFENDANT ENTERS A PLEA OF GUILTY, WAIVES AN ADVISORY JURY, AND SPECIFICALLY ACKNOWLEDGES THAT THE TRIAL COURT HAS DISCRETION TO IMPOSE A SENTENCE OF LIFE IMPRISONMENT OR THE DEATH PENALTY?”

quoted by 1 later decision, including State v. Hernandez

Good law ✅— No negative treatment on recordhow we know

Decided 1994-01-14

View the full empirical analysis of this case →

¶1ON MOTION FOR REHEARING

PETERSON, Judge.

¶2We deny rehearing but certify the following question as one of great public importance:

DOES A TRIAL COURT HAVE THE AUTHORITY TO DISPENSE WITH THE SELECTION OF AN ADVISORY JURY IN THE PENALTY PHASE OF A CAPITAL CASE WITHOUT THE CONSENT OF THE STATE WHEN A DEFENDANT ENTERS A PLEA OF GUILTY, WAIVES AN ADVISORY *26JURY, AND SPECIFICALLY ACKNOWLEDGES THAT THE TRIAL COURT HAS DISCRETION TO IMPOSE A SENTENCE OF LIFE IMPRISONMENT OR THE DEATH PENALTY?

¶3MOTION FOR REHEARING DENIED.

¶4DAUKSCH and COBB, JJ., concur.