McDONALD, Justice.
In Jones v. State, 548 So.2d 244, 244 n. 2 (Fla. 3d DCA 1989), the district court certified the following question as one of great public importance:
Whether a twelve-person jury is required in a first degree murder case in which the prosecution waives the death penalty?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In State v. Griffith, 561 So.2d 528 (Fla. 1990), we answered the certified question with a qualified affirmative and held that, regardless of whether the state seeks the death penalty, a twelve-person jury is required in first-degree murder trials unless waived by the defense. In this case defense counsel's agreement with the state to trial by a six-person jury in exchange for the state's waiver of the death penalty constituted a valid waiver of Jones's statutory right to trial by a twelve-person jury. Griffith. We therefore quash the district court's decision.
The following exchange took place on the record.
MR. SOHN: [Defense Counsel]: It's my understanding the State is waiving the death penalty. We have agreed to a jury of six.
MR. NORRIS: [Prosecutor]: That's correct, Judge.
It is so ordered.
EHRLICH, C.J., and SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
OVERTON, J., concurs in result only.