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STATE v. THORNE

No. 1 CA-CR 96-0776.

971 P.2d 184 (1997)

193 Ariz. 137

STATE of Arizona, Appellee, v. Timothy Paul THORNE, Appellant.

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

December 11, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section and J.D. Nielsen Assistant Attorney General, Phoenix, for Appellee.

John C. Williams, Prescott, for Appellant.

OPINION

WEISBERG, Judge.

Timothy Paul Thorne ("defendant") appeals from his convictions and sentences on one count of attempted second degree murder and two counts of aggravated assault. He argues that he was entitled to a twelve person jury under the Arizona Constitution. We disagree and affirm.

FACTS AND PROCEDURAL HISTORY

On June 29, 1995, defendant was walking down a street with a group of friends. At approximately 10:40 p.m...

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