DUFRESNE, Judge.
Defendant, David Lovick, was convicted by a 12-person jury of first degree robbery of a Time Saver Convenience Store in Luling and sentenced to five years at hard labor without benefit of parole, probation or suspension of sentence.
On April 16, 1986, Lovick was granted an out-of-time appeal and assigns two errors for our review:
(1) That the trial court erred in failing to grant the defendant's motion for a six man jury.
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