CopyCited 60 times | Published | Supreme Court of Florida
...Board of Public Instruction of Orange Co.,
137 So.2d 828 (Fla. 1962). [5] Other Criminal Rules mention capital offenses: Bail 3.130; Indictment (Grand Jury) 3.140; 3.730 and 3.770, cause for not pronouncing death penalty to a pregnant woman; 3.191, Speedy Trial. [6] Fla. Stat. §
913.10, F.S.A....
CopyCited 25 times | Published | Supreme Court of Florida | 1990 WL 40363
...ly permit trial by a six-person jury, we do not agree that a record showing of the defendant's personal knowing and intelligent waiver of a twelve-person jury is required. We therefore approve in part and quash in part the district court's decision. Section 913.10, Florida Statutes (1985), and Florida Rule of Criminal Procedure 3.270 state that twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases....
CopyCited 22 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 15877, 2000 WL 955423
...Petitioner's attorney, on the other hand, made no explanation on
4
Petitioner and Enriquez were charged with first degree murder, a "capital felony," in violation of Fla. Stat.
Ann. §
782.04 (West 2000). As a result, they were entitled to twelve jurors, see Fla. Stat. Ann. §
913.10
(West 1996), even though they were not facing the death penalty....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 18372, 1996 WL 388399
...tance of
trial counsel because his trial counsel waived the right to a
twelve-person jury without receiving anything in return for the
waiver. Florida law guarantees criminal defendants a twelve-person
jury in all capital cases. Fla.Stat.Ann. § 913.10 (West 1985).
Where the state waives its right to seek the death penalty in a
capital case, the defendant may agree, with the consent of the
state and the approval of the court, to a jury of six persons.
State v....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit
...The selection process did not conclude on
4
Petitioner and Enriquez were charged with first degree murder, a “capital
felony,” in violation of Fla. Stat. Ann. §
782.04 (West 2000). As a result, they were
entitled to twelve jurors, see Fla. Stat. Ann. §
913.10 (West 1996), even though they
were not facing the death penalty....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2000 WL 201790
...Palazzolo "refused" to make a statement to the police at the time he fled. [2] He also claims that he was entitled to a grand jury indictment. We note that his arguments would also apply to first-degree murder cases in which the State does not seek the death penalty. See § 913.10, Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...There is nothing fundamentally unfair about that. The Constitution of the State of Florida in Article I, Section 22, guarantees that a jury be comprised of "... not fewer than six ..." but left it to the legislature to determine the number beyond that. Florida Statutes, Section 913.10 provides for twelve person juries to try capital cases and juries of six people to try "all other criminal cases." The legislature had to set the number somewhere but I am unaware of any reasonable argument that a defendant's rights are better protected by a jury of six instead of seven....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
....A. [5] See Keech v. State, 1876,
15 Fla. 591 (not error to discharge a juror found to be an alien after jury had been sworn); "* * * Alternate jurors * * * shall replace jurors who * * * become unable or disqualified to perform their duties. * * *" §
913.10(2), Fla.Stats., F.S.A....
CopyCited 9 times | Published | Supreme Court of Florida | 1992 WL 246494
...NUMBER OF JURORS Twelve persons shall constitute a jury to try all capital cases, and six6 persons shall constitute a jury to try all other criminal cases. Committee Notes 1968 Adoption. Except for substituting the word "persons" for "men," the suggested rule is a transcription of section 913.10, Florida Statutes....
...ropriate instructions that hethe alternate juror may have to return for an additional hearing should the defendant be convicted of a capital offense. Committee Notes 1968 Adoption. Save for certain rewording, the suggested rule is a transcription of section 913.10(2), Florida Statutes, except that the provisions for the challenging of *313 the alternate jurors has been included more appropriately in the rule relating to challenges....
...The trial judge may exercise discretion to allow additional peremptory challenges when appropriate. Committee Notes 1968 Adoption. The suggested rule is a transcription of section
913.08, Florida Statutes, excluding subdivision (5), which is lifted from section
913.10(2), Florida Statutes, and included since the several provisions relate to peremptory challenges....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1883981
...no less than six. Article I, section 22, of the Florida Constitution now provides, "The right of trial by jury shall be secure to all and remain inviolate. The *81 qualifications and the number of jurors, not fewer than six, shall be fixed by law." Section 913.10, Florida Statutes (2006), is the current law that "fixes" the number of jurors: "Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases." See also Fla....
...22, is appropriate for civil and most criminal cases, a jury of six for the most serious offenses is a deprivation of the impartial jury required under section 16. Obviously, the Florida Legislature could address this issue prospectively by amending section 913.10 to fix the number of jurors for use in serious felony cases at a number in line with the number provided by the great majority of other states....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...n provisions of Florida law which he says require reversal. Article I, Section 15 of the Florida Constitution provides, in pertinent part: "(a) No person shall be tried for capital crime without presentment or indictment by a grand jury. .. ." Also, Section 913.10, Florida Statutes (1981), and Fla.R.Crim.P....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1988 WL 4525
...We further note that the trial court's pretrial decision not to impose a death penalty did not transform first-degree murder into a noncapital crime. Murder in the first degree is a capital offense. Ortagus v. State,
500 So.2d 1367 (Fla. 1st DCA 1987). Section
913.10, Florida Statutes (1985), and Florida Rule of Criminal Procedure 3.270 provide for a twelve-person *385 jury to try all capital cases....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...nt to Florida Rule of Criminal Procedure 3.850, claiming he could not have intelligently and voluntarily relinquished the fundamental right to be tried by a twelve-person jury. He contends his right to be tried by a twelve-person jury as provided by Section 913.10, Florida Statutes (1973) and Florida Rule of Criminal Procedure 3.270 is confirmatory of his organic right to a trial by jury of twelve persons embodied in the Sixth Amendment of the Constitution of the United States and Article I, Sections 16 and 22 of the Florida Constitution....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...The conviction and sentence for first-degree murder and burglary are affirmed, the conviction for robbery is reversed, and the cause is remanded to the trial court for correction of sentence accordingly. NOTES [1] In Williams v. Florida,
399 U.S. 78,
90 S.Ct. 1893,
26 L.Ed.2d 446 (1970), the Supreme Court upheld Section
913.10, Florida Statutes (1967) providing for a six-person jury in non-capital criminal cases....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...Initially appellant contends that the trial court erred in requiring him to be tried by a six person jury instead of a jury of twelve. His argument is that sexual battery committed by one over 18 years upon a victim 11 years or younger is a capital felony. [1] Section 913.10, Florida Statutes (1981), and Florida Rule of Criminal Procedure 3.270 are identical and provide that: "Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal...
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 27899
...he cause. We hold, as we do today in Rodriguez-Acosta v. State,
548 So.2d 248 (Fla. 3d DCA 1989) and Jones v. State,
548 So.2d 244 (Fla. 3d DCA 1989), that the defendant's *246 admitted failure personally to forego the twelve-person jury required by section
913.10, Florida Statutes (1985) and Florida Rule of Criminal Procedure 3.270 for the trial of capital crimes in Florida, requires a new trial....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...er than twelve. The defendant was convicted of attempted sexual battery under section
794.011(2) and sentenced to thirty years' imprisonment. On appeal, the defendant contended that the judge erred in ordering a trial by a six-person jury since both section
913.10, Florida Statutes (1981), and Florida Rule of Criminal Procedure 3.270 provide that twelve persons constitute a jury to try all capital cases....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 22023448
...At retrial, *548 the six person jury found the appellant guilty of first degree murder and armed robbery. Article 1, Section 22 of the Florida Constitution states that "[t]he right of trial by jury shall be secure to all and remain inviolate. The qualifications and number of jurors ... shall be fixed by law." Section 913.10, Florida Statutes, and Florida Rule of Criminal Procedure 3.270 require that 12 persons shall constitute a jury to try all capital cases and that 6 persons shall constitute a jury to try all other cases....
...The sentence as to the first degree murder is vacated with instructions to correct the written sentence in accordance with this opinion. [2] The conviction is affirmed. ERVIN, J., Concurs; BENTON, J., Dissents with Opinion. BENTON, J., dissenting. "Twelve persons shall constitute a jury to try all capital cases...." § 913.10, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 9225, 2015 WL 3759586
...of Criminal Procedure. See Art. I, § 22, Fla. Const. (expressly providing: “The
right of trial by jury shall be secure to all and remain inviolate. The qualifications
and the number of jurors, not fewer than six, shall be fixed by law”) (emphasis
added); § 913.10, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 335929, 2013 Fla. App. LEXIS 1384
...As then required by statute, the sentencing judge imposed a life sentence without parole. Although still on the books, this statute has not survived the decision in Miller unscathed. Appellant raises three other issues that merit discussion: 1) whether appellant was entitled to a twelve-member jury under section 913.10, Florida Statutes (2011); 2) whether his confession was coerced or otherwise made involuntarily; and 8) whether the jury was unfairly contaminated by prejudicial statements during voir dire....
...alty itself is a legal possibility, he contends that, in light of Roper, Graham, and Miller , the traditional definition of a capital case, see, e.g.,State v. Hogan,
451 So.2d 844, 845 (Fla.1984) (“For the purposes of defining ‘capital’ under [section
913.10] and rule [3.270, Fla....
...551 ,
125 S.Ct. 1183 ,
161 L.Ed.2d 1 (2005), which prohibits the death penalty for juvenile offenders, appellant argues that life without parole is for juveniles the equivalent of the death penalty for adults; and thus entitles him to a twelve-member jury under section
913.10, Florida Statutes (2011), which mandates a twelve-member jury for “capital cases.” Life without parole for a juvenile is not the legal equivalent of death for an adult....
...its irrevocability. Unlike an adult condemned to death, a juvenile serving a life sentence without parole can be retried, resentenced or released where factual or other errors require correction. Only if the accused can lawfully be put to death does section 913.10 require a twelve-person jury. Section 913.10 has never been interpreted to apply to cases where death was not a legal possibility. Even when a state statute defines an offense as a capital crime, section 913.10 does not require a twelve-person jury if federal constitutional requirements rule out death as a possible penalty....
...lassified by statute. We were not persuaded that “the fact that Section
794.011(2) defines sexual battery of a child 11 years of age or younger as a ‘capital felony’ means, as appellant urges, that the [ ] procedural requirements [laid down in section
913.10 mandating a twelve-person jury] are still applicable notwithstanding the fact that the capital feature of the crime has been effectively eliminated.” Cooper v....
...r their crimes, but not so different from life without parole that the two sentences can be treated differently when it comes to the size of the jury. Such disparate analyses bespeak no discernible principle. In sum, any capital case for purposes of section 913.10 is a case where the death sentence may lawfully be pronounced....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 13891, 2003 WL 22103329
...A criminal defendant’s right to a twelve-person jury in a capital case is not guaranteed by the Florida Constitution but is provided for by rule and statute. Article I, section 22 states that the number of “jurors, not fewer than six, shall be fixed by law.” The legislature has enacted section 913.10, Florida Statutes to provide that, “Twelve persons shall constitute a jury to try all capital cases.......
CopyCited 1 times | Published | Supreme Court of Florida
...We disagree with Appellant's contention that he was entitled to be tried before a twelve-man jury. By statute and rule, Florida requires that all capital cases shall be tried by a jury composed of twelve persons, and all noncapital cases shall be tried by a jury composed of six persons. F.S. Section 913.10(1), F.S.A....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 368, 1997 WL 39599
...He claims entitlement to a new trial for two reasons — because he was tried before a jury of six persons, rather than twelve; and because the trial court refused to instruct the jury on the lesser-included offense of third-degree felony murder. We affirm. Section 913.10, Florida Statutes (1995), provides that “[tjwelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.” Appellant argues that, because he was tried on th...
CopyCited 1 times | Published | Supreme Court of Florida | 2014 WL 1622183
duty. Definitions for enhanced penalty. §
913.10, Fla. Stat. “Law enforcement officer” means
CopyPublished | Florida 3rd District Court of Appeal
...Martinez, Public Defender, and Susan S. Lerner, Assistant
Public Defender, for appellant.
Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant
Attorney General, for appellee.
Before SCALES, MILLER, and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 913.10, Fla....
CopyPublished | Florida 4th District Court of Appeal
jury for all capital offenses. He notes that section
913.10, Florida Statutes (2024), provides that “[t]welve
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 781, 1989 Fla. App. LEXIS 1579
...cause. We hold, as we do today in Rodriguez-Acosta v. State,
548 So.2d 248 (Fla. 3d DCA 1989) and Jones v. State,
548 So.2d 244 (Fla. 3d DCA 1989), that the defen *246 dant’s admitted failure personally to forego the twelve-person jury required by section
913.10, Florida Statutes (1985) and Florida Rule of Criminal Procedure 3.270 for the trial of capital crimes in Florida, requires a new trial....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6169, 1997 WL 291323
...d two alternates and the trial began. The jury found the defendant guilty as charged of first degree murder and on May 26, 1995, the court imposed a sentence of life in prison with a mandatory minimum term of twenty-five years. This appeal followed. Section 913.10, Florida Statutes, provides that “[tjwelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.” 1 The term “capital case” is used in this statute to refer to an offense that could result in the imposition of the death penalty....
...d been sworn effectively repudiated his lawyer’s stipulation to waive a twelve-person jury in return for the state’s agreement not to seek the death penalty. Reversed. ALLEN, J., concurs. MINER, J., concurring specially. . The quoted language of section 913.10, Florida Statutes, is restated verbatim in rule 3.270 of the Florida Rules of Criminal Procedure.
CopyPublished | Florida 3rd District Court of Appeal
...of Criminal Procedure. See Art. I, § 22, Fla. Const. (expressly providing: “The
right of trial by jury shall be secure to all and remain inviolate. The qualifications
and the number of jurors, not fewer than six, shall be fixed by law”) (emphasis
added); § 913.10, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 20598
Ed.2d 446 (1970), the Supreme Court upheld Section
913.10, Florida Statutes (1967) providing for a six-person
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6233
...“against the guarantees of the United States Constitution”. Art. 5, § 22, Constitution of Florida provides that— “The number of jurors for trial of causes in any court may be fixed by law but shall not be less than six in any case.” F.S. § 913.10, F.S.A. provides that — “Twelve men shall constitute a jury to try all capital cases, and six men shall constitute a jury to try all other criminal cases. CfPR 1.270 is identical with the foregoing § 913.10, except that the Rule uses the word “persons” instead of “men”....
CopyPublished | District Court of Appeal of Florida
CopyPublished | Florida 2nd District Court of Appeal
...was
entitled to have his case heard by a twelve-person jury because his
charges included one capital felony. The trial court denied his motion,
and a jury of six heard the case. Morales-Alaffita raises this same
argument on appeal.
Pursuant to section 913.10, Florida Statutes (2022), all capital
cases shall be tried by twelve-person juries, and all other criminal cases
shall be tried by six-person juries....
..."Florida law permits, and perhaps
even requires, a six-person jury in all felony cases for which death is not
a possible penalty."1 Gonzalez v. State,
982 So. 2d 77, 81 (Fla. 2d DCA
2008). While the crime of sexual battery upon a child "is labelled a
'capital felony,' it is not a 'capital case' under section
913.10." Phillips v.
State, 316 So....
CopyPublished | Florida 1st District Court of Appeal
...fewer than six, shall be fixed by law.” Art. I, § 22, Fla. Const. By statute, Florida
specifies that “[t]welve persons shall constitute a jury to try all capital cases, and
six persons shall constitute a jury to try all other criminal cases.” § 913.10, Fla.
Stat....
...approach based on contemporary social science research, abandon Williams and
return to the originalist position of twelve-member juries, or—like it has done for
four decades—leave it be.13
12
See, e.g., 2017 Florida Senate Bill No. 962, (proposing change to section 913.10,
Florida Statutes, to say: “Number of jurors.-Twelve persons shall constitute a jury
to try all capital and life felony cases, and six persons shall constitute a jury to try
all other criminal cases.”)....
CopyPublished | Florida 2nd District Court of Appeal
...See §
794.011(2)(a); §
800.04(5)(b). The offenses
occurred between March 1, 2020, and May 18, 2020. The trial court
empaneled a six-person jury for trial because a 12-person jury was not
required for the charged crimes. See §§
794.011(2)(a);
800.04(5)(b);
913.10, Florida Statutes (2020); State v....
...Serrano-Delgado argues that the six-person jury empaneled for
his trial violated his right to a jury trial and right to due process of law.
Amends. VI, XIV, U.S. Const.
1 Although sexual battery of a child is labeled a "capital" offense, it
is not a "capital case" requiring a twelve-person jury under section
913.10, Florida Statutes (2020)....
...The qualifications and the numbers of
jurors, not fewer than six, shall be fixed by law." Art. I, § 22, Fla. Const.
A Florida statute states that "[t]welve persons shall constitute a jury to
try all capital cases, and six persons shall constitute a jury to try all
other criminal cases." § 913.10, Fla....
CopyPublished | Florida 5th District Court of Appeal
...law.” Id. at Art. I, § 22. With this constitutional prerogative, the Florida
legislature long ago provided, “[t]welve persons shall constitute a jury to try
all capital cases, and six persons shall constitute a jury to try all other criminal
cases.” § 913.10, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1295073, 2016 Fla. App. LEXIS 5169
...Appellant argues our decision in Walling constitutes an intrusion into the dominion of the Florida Legislature which alone has the authority to define what constitutes a capital offense. While it is true that first degree murder is a capital felony pursuant to section
782.04(1)(a), and that section
913.10 mandates a 12-person jury in “all capital cases,” a capital case for purposes of Chapter 913, Florida Statutes, is a case, where the death penalty is legally possible....
CopyPublished | Florida 5th District Court of Appeal
...5
Petitioner advances here—that the case is a capital one requiring a twelve-
person jury. See Walling,
105 So. 3d at 661–62. The first district found that
“[e]ven when a state statute defines an offense as a capital crime, section
913.10 does not require a twelve-person jury if federal constitutional
requirements rule out death as a possible penalty.” Id....
