Morales-Alaffita v. State
The Second DCA affirmed a defendant's convictions and life sentences for sexual battery and lewd molestation of a child under twelve, rejecting his argument that he was entitled to a twelve-person jury because sexual battery on a child is labeled a 'capital felony.' The court held that because death was not an available penalty under the 2020 version of section 794.011(2)(a), the offense was not a 'capital case' under section 913.10, and a six-person jury was constitutionally sufficient, aligning with the Fourth District's decision in Guzman and the Florida Supreme Court's Hogan precedent.
Key facts
- Defendant was convicted of sexual battery and lewd molestation of a child under twelve and sentenced to life imprisonment.
- Defendant argued he was entitled to a twelve-person jury because sexual battery is labeled a 'capital felony' under Florida law.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces settled Second DCA and Fourth DCA precedent (Gonzalez, Guzman) that six-person juries are constitutional for pre-October 2023 child sexual battery capital felony charges, foreclosing this… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.