Mustelier v. StateMustelier v. State
Versions:550 So. 2d 11241989 WL 36165
Salvador F. Mustelier‘s convictions are reversed, and the cause is remanded to the trial court for a new trial on all charges upon the authority of Rodriguez-Acosta v. State, 548 So.2d 248 (Fla. 3d DCA 1989); Griffith v. State, 548 So.2d 244 (Fla. 3d DCA 1989); and Jones v. State, 548 So.2d 244 (Fla. 3d DCA 1989).
We certify the following question to the supreme court as one of great public importance:
IS A TWELVE-PERSON JURY REQUIRED IN A FIRST-DEGREE MURDER CASE IN WHICH THE PROSECUTION WAIVES THE DEATH PENALTY?
Reversed and remanded for a new trial; question certified.