Tampa Criminal Lawyer Blog
The size of a criminal jury can affect how a case is tried, yet Florida law generally assigns six jurors to noncapital charges. A recent Florida decision tested that rule after a sexual battery conviction, asking whether a six-person jury violated constitutional protections. Thecourt affirmed under existing precedent while noting that the United States Supreme Court had agreed to review the broader question in another case. If you are faced with a sex crime charge, a Tampa sex crime defense attorney can explain current jury rules and preserve appropriate issues for review.
Facts and Procedural History
Allegedly, the State prosecuted the defendant for sexual battery in a Florida circuit court. Because the charge was noncapital, the court used a six-person jury under a state statute that reserves 12-person juries for capital cases.
Reportedly, the jury found the defendant guilty following trial. The trial court entered judgment and imposed a 12-year prison sentence. During trial, the judge also excluded certain defense testimony.
It is reported that the defendant appealed both the exclusion of testimony and the use of six jurors. He argued that Florida’s statutory distinction between capital and noncapital juries was facially unconstitutional and that proceeding with six jurors amounted to fundamental error.
The Right to a Trial by Jury
On appeal, the court disposed of the evidentiary claim without detailed discussion, stating only that it lacked merit. The court then turned its focus to the size of the jury that heard the defendant’s case. Because the defendant framed the six person jury issue as fundamental error, the court examined whether an error existed at all under controlling law.
Florida’s statute provides 12 jurors for capital trials and six for other criminal trials. In the subject case, the court relied on binding United States Supreme Court precedent holding that a six-person jury in a Florida noncapital criminal case does not violate the Sixth or Fourteenth Amendment. That precedent rejected the view that the Constitution invariably requires the historical 12-person number. The court also cited Florida appellate authority finding no fundamental error when noncapital charges were tried before six jurors.
Applying those rules, the court held that the defendant had not demonstrated constitutional error, much less fundamental error. Its footnote acknowledged a recent Supreme Court grant of review in a separate case presenting the jury-size question. A grant of review does not itself change binding law or overturn the conviction before the panel, however, as noted by the court. The court therefore affirmed the sexual battery judgment and 12-year sentence.
Talk to a Skilled Tampa Sex Crime Defense Attorney About Your Charges
If you are charged with a sex crime, it is important to understand your rights, and you should talk to an attorney as soon as possible. Hanlon Law’s skilled Tampa sex crime defense attorneys can assess the charge, identify issues worth raising, and protect your rights through each stage of the case. Call 813-228-7095 or complete the online contact form for a confidential consultation.