STATE v. FANCY

No. 1 CA-CR 6051.

139 Ariz. 76 (1983)

676 P.2d 1134

STATE of Arizona, Appellee, v. Michael FANCY, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied December 20, 1983.

Review Denied February 22, 1984.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div. and Jessica Gifford, Asst. Atty. Gen., Phoenix, for appellee.

Kemper & Henze by James Hamilton Kemper, Phoenix, for appellant.


OPINION

GREER, Judge.

The determinative issue in this case is whether the defendant is entitled to a new trial because he was convicted by an eight person jury when the Arizona Constitution and state statute required a twelve person jury. The facts necessary to a resolution of this matter are as follows.

The defendant was charged by indictment with count one, trafficking in stolen property, second degree, a class three felony; count two, second degree...

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