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  5. 217 Cal.App.3d 1026 (1990)
 

PEOPLE v. TREJO

Docket No. F011373.

217 Cal.App.3d 1026 (1990)

266 Cal. Rptr. 266

THE PEOPLE, Plaintiff and Respondent, v. ELADIO CHAVEZ TREJO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

February 1, 1990.

Attorney(s) appearing for the Case

COUNSEL

Jeffry Glenn, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Arnold Overoye, Assistant Attorney General, Michael J. Weinberger and Carlos A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, P.J.

The question of first impression presented by this appeal is whether a defendant charged with a felony can waive a 12-person jury and stipulate to trial by 6 jurors. We conclude a criminal defendant can consent to a trial by six jurors pursuant to the constitutional provision which permits waiver of a jury trial.

STATEMENT OF THE CASE

Appellant Eladio Chavez Trejo was charged with one count...

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