Ramos v. State

(specially concurring).

While I agree with the end result of the court’s decision, I write separately to point out the necessary implications and consequent incongruity of the present state of the law. As the majority (and I) perceive the procedural situation, the state’s cross-appeal is totally under the control and subject to the unilateral decision of the defendant until the proceeding is final. Thus, even were the court actually to issue an opinion affirming on the appeal but reversing on the cross-appeal — thus reinstating, for example, and as in this case, a first degree murder jury…