JACK OWEN ALBRITTON v. STATE OF FLORIDA
22-1060
Fla. Dist. Ct. App.May 3, 2023Background:
- Appellant Jack Owen Albritton was convicted of one count of resisting arrest without violence and two counts of escape in Okeechobee County.
- On appeal Albritton argued (1) his arrest was unlawful because officers failed to "knock-and-announce" under section 901.19(1) before entering a third‑party residence, and (2) he was entitled to a twelve‑person jury under the Sixth and Fourteenth Amendments.
- Trial evidence showed an officer observed Albritton sitting on a residence patio and walked through an open patio door to execute an arrest warrant.
- Albritton’s motion for judgment of acquittal below raised different grounds, and he did not object at trial to the jury size—raising preservation issues on appeal.
- The Fourth District affirmed the convictions, concluding the knock‑and‑announce claim was not preserved (and inapplicable on the facts) and the jury‑size claim was not preserved and inconsistent with controlling precedent upholding six‑member juries.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest was unlawful because officers failed to knock and announce before entering a third‑party residence | Arrest lawful: officer saw defendant on an open patio and entered through an open patio door to execute the warrant | Officers failed to follow §901.19(1) knock‑and‑announce, so arrest was unlawful | Not preserved below; no fundamental‑error review; statute inapplicable where officer walked through an open patio door—affirmed |
| Whether defendant was entitled to a twelve‑person jury under the Sixth and Fourteenth Amendments | Six‑person juries are constitutionally permissible (Williams; Guzman) | Albritton entitled to a twelve‑person jury | Not preserved at trial; on the merits six‑person juries are constitutional—affirmed |
Key Cases Cited
- Steinhorst v. State, 412 So. 2d 332 (Fla. 1982) (preservation requirement for appellate review)
- Collins v. State, 211 So. 3d 214 (Fla. 4th DCA 2017) (failure to raise fundamental‑error argument waives review)
- Markus v. State, 160 So. 3d 488 (Fla. 1st DCA 2015) (knock‑and‑announce inapplicable where entry involved walking through an open door/patio)
- Harrell v. State, 894 So. 2d 935 (Fla. 2005) (contemporaneous objection required to preserve trial error)
- Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022) (relying on Williams to uphold six‑person juries)
- Williams v. Florida, 399 U.S. 78 (1970) (U.S. Supreme Court upholding constitutionality of six‑member juries)