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ALFONSO v. STATE

Nos. 86-1385, 86-1386.

528 So.2d 383 (1988)

Jose Angel "Pepe" ALFONSO and Javier Codecido, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 26, 1988.

Attorney(s) appearing for the Case

Edward A. Carhart, P.A., and Eric Dorsky, Coral Gables, for appellant Alfonso.

Breslin & Raben, P.A., and Peter Raben, Coconut Grove, for appellant Codecido.

Robert A. Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

REVISED OPINION

JORGENSON, Judge.

Jose Angel "Pepe" Alfonso and Javier Codecido appeal their convictions for first-degree murder, armed burglary, and shooting into an occupied dwelling. They contest, inter alia, the propriety of impaneling a jury of six members rather than twelve in a first-degree murder case where the trial court made a pretrial determination striking death as a penalty. We reverse the first-degree murder convictions upon the authority...

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