Full Opinion

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANTHONY J. DAMIANO, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D2025-1882 October 30, 2026 Appeal from the County Court for Manatee County; Stephen M. Whyte, Judge. Blair Allen, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. James Uthmeier, Attorney General, Tallahassee; and Lara E. Breslow, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. Anthony J. Damiano appeals his judgment and sentence for fleeing to elude a law enforcement officer. See § 316.1935(1), Fla. Stat. (2023). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). Mr. Damiano presents one issue: his conviction by a six-person jury violated his constitutional rights. This issue lacks merit under current precedent. See Williams v. Florida, 399 U.S. 78, 86 (1970); Serrano-Delgado v. State, 392 So. 3d 251, 253-54 (Fla. 2d DCA 2024). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025) (table decision); Pet. for Writ of Cert. at ii, Kian v. Florida, No. 25-6623 (U.S. Jan. 9, 2026) (presenting the Court with the question of whether petitioner "was derived [sic] of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony"), cert. granted, 146 S. Ct. 2732 (2026) (No. 25-6623). Affirmed. SILBERMAN and GUARD, JJ., Concur. Opinion subject to revision prior to official publication. 2