PRETELL v. STATE (2022)

District Court of Appeal of Florida, First District.

Jhon Albert Carrizales PRETELL, Appellant, v. STATE of Florida, Appellee.

No. 1D21-1091

Decided: June 08, 2022

Jessica J. Yeary, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Daren L. Shippy, Assistant Attorney General, Tallahassee, for Appellee.

We affirm the final judgment and sentence in all respects. Appellant has presented no reversible error or established that his right to a fair trial was denied. We also reject his argument that because he was tried for capital sexual battery, he was entitled to a twelve-person jury. Phillips v. State, 316 So. 3d 779, 786 (Fla. 1st DCA 2021) (noting the Florida Supreme Court “has previously rejected this argument” in State v. Hogan, 451 So. 2d 844 (Fla. 1984)). As in Phillips, we decline Appellant's request to certify a question to the supreme court.

Affirmed.

Per Curiam.

Rowe, C.J., and Jay and Long, JJ., concur.

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