
    Raymond JOSEPH, Appellant, v. The STATE of Florida, Appellee.
    No. 87-2625.
    District Court of Appeal of Florida, Third District.
    June 27, 1989.
    Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.
    Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.
    Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.
   PER CURIAM.

The defendant was charged with first-degree murder. The state waived the death penalty; however, the defendant did not waive his right to a twelve-person jury. We reverse the defendant’s conviction and remand the cause to the trial court for a new trial on the authority of Mustelier v. State, 550 So.2d 1124 (Fla. 3d DCA 1989); Rodriguez-Acosta v. State, 548 So.2d 248 (Fla. 3d DCA 1989); Griffith v. State, 548 So.2d 244 (Fla. 3d DCA 1989); and Jones v. State, 548 So.2d 244 (Fla. 3d DCA 1989).

We certify the following question to the supreme court as one of great public importance:

IS A TWELVE-PERSON JURY REQUIRED IN A FIRST-DEGREE MURDER CASE IN WHICH THE PROSECUTION WAIVES THE DEATH PENALTY?

Reversed and remanded for a new trial; question certified.  