Gonzales v. State
After a six-person jury convicted him of sexual battery with penetration, the defendant claimed fundamental error in the trial court's refusal to answer the jury's question about the possible sentence and in being tried by a six-person rather than twelve-person jury. The Fourth District affirmed on both points, relying on Rule 3.390(a) and Knight for the sentencing-instruction issue and on Guzman for the jury-size issue, while expressly flagging its contrary decision in Kian v. State, in which the Florida Supreme Court has granted review.
Key facts
- Defendant was convicted by a six-person jury of sexual battery with penetration after jury deliberations.
- Defendant appealed on two grounds: that the trial court fundamentally erred by refusing to answer the jury's question about possible sentences, and that using a six-person rather than twelve-person jury violated his rights.
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Why it matters
The opinion is chiefly valuable as a signal: the Fourth District affirms the six-person jury practice under Guzman but cites Kian v. State, in which the Florida Supreme Court has granted review, meaning the… — full analysis with a trial
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