Gutierrez-Toledo v. State
The Second District affirmed a sexual battery conviction, rejecting the defendant's argument that trial by a six-person jury for a noncapital offense under section 913.10, Florida Statutes, constitutes fundamental error. The court relied on Williams v. Florida and its own precedent in Serrano-Delgado v. State holding that Florida's six-person jury scheme does not violate the Sixth or Fourteenth Amendments.
Key facts
- Defendant Gutierrez-Toledo was convicted of sexual battery by a six-person jury in trial court.
- Defendant appealed, arguing that trial by six-person jury on a noncapital offense violates the Sixth and Fourteenth Amendments and constitutes fundamental error.
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Why it matters
While the holding itself simply applies settled precedent, the opinion is notable because its footnote flags that the U.S. Supreme Court has granted certiorari in Kian v. State to review the constitutionality of… — full analysis with a trial
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