Waiver of the Right to a Penalty-Phase Jury

In Griffin v. State, 820 So. 2d 906 (Fla. 2002), the Court held that a challenge to the voluntariness of a defendant's waiver of the right to a penalty-phase jury must be preserved in the trial court through a motion to withdraw the waiver. See id. at 913; See also Spann v. State, 857 So. 2d 845, (Fla. April 3, 2003) (relying on Griffin to hold that a challenge to the waiver of the sentencing jury was not preserved for appeal because Spann did not move to withdraw the waiver).