State v. Enriquez

OVERTON, Justice.

The state of Florida petitions this Court to review Enriquez v. State, 561 So.2d 1189 (Fla. 3d DCA 1989), in which the Third District Court of Appeal reversed Enri-quez’s first-degree murder conviction because he “was tried below by a six-person jury and did not personally waive his right to be tried by a twelve-person jury.” Id. at 1190. The district court certified the following question as one of great public importance:

Whether a twelve-person jury is required in a first-degree murder case in which the prosecution waives the death penalty.

Id. We have jurisdiction. Art. V,…