State v. Poole

McDONALD, Justice.

We review Poole v. State, 550 So.2d 1144 (Fla. 3d DCA 1989), in which the district court certified as a question of great public importance the same question it certified in Griffith v. State, 548 So.2d 244, 246 n. 2 (Fla. 3d DCA 1989), i.e.:

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

Poole, 550 So.2d at 1145. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Griffith, 561 So.2d 528 (Fla.1990), we answered the certified question with a qualified affirmative and held that, regardless…