FLANNING v. STATE

No. 90-1698.

597 So.2d 864 (1992)

Deric FLANNING, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 12, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GODERICH, JJ.


HUBBART, Judge.

The central question presented for review is whether a defendant in a criminal case may, with the consent of the state, waive his/her right to a unanimous six-person jury verdict and accept a 5-1 majority verdict. We hold that a defendant may validly waive this right and agree to such a verdict, but only when the following requirements are met: (1) the waiver is initiated by the defendant, not the trial judge or the prosecutor; (2) the jury has informed...

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