JOHNSON v. STATE

No. 45A05-9410-CR-403.

654 N.E.2d 20 (1995)

Michael L. JOHNSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied September 20, 1995.


Attorney(s) appearing for the Case

James F. Stanton, Superior Court of Lake County, Appellate Div., Crown Point, for appellant.

Pamela Carter, Atty. Gen., Suzann Weber Lupton, Deputy Atty. Gen., Indianapolis, for appellee.


OPINION

RUCKER, Judge.

Is a defendant entitled to a twelveperson jury when he is charged with auto theft which has been enhanced to a Class C felony based on a prior conviction for the same offense? We think not and therefore affirm.

The essential facts are these. In the early morning hours of October 25, 1993, Nicholas Morales reported to police that his 1987 Pontiac Grand Am was missing from in front of his East Chicago, Indiana home. A few hours...

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