HALL v. STATE

No. 1D02-0181.

853 So.2d 546 (2003)

James L. HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 29, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Steven A. Been, Assistant Public Defender, Tallahassee, for appellant.

Charlie Crist, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for appellee.


WOLF, C.J.

Hall appeals from his conviction for first degree murder and armed robbery. He raises two issues on appeal: 1) Whether the trial court erred in rejecting his request for a 12-person jury, and 2) Whether the written sentence must be corrected to conform to the oral pronouncement. We find merit as to the second issue, but as to the first issue we determine that appellant was not entitled to a 12-person jury because the death penalty was not a possible penalty...

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