STATE v. MUSTELIER

No. 74069.

561 So.2d 533 (1990)

STATE of Florida, Petitioner, v. Salvador F. MUSTELIER, Respondent.

Supreme Court of Florida.

March 29, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.


McDONALD, Justice.

In Mustelier v. State, 550 So.2d 1124, 1125 (Fla. 3d DCA 1989), the district court certified the following question 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?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the certified question with a qualified affirmative and...

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