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STATE v. ROBERTS

No. C8-01-1430.

651 N.W.2d 198 (2002)

STATE of Minnesota, Respondent, v. Edward Uriah ROBERTS, Appellant.

Court of Appeals of Minnesota.

September 24, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul; and Ted Alliegro, Chisago County Attorney, Center City, for respondent.

John M. Stuart, State Public Defender, Lawrence W. Pry, Assistant Public Defender, Minneapolis, for appellant.

Considered and decided by ANDERSON, Presiding Judge, LANSING, Judge, and KALITOWSKI, Judge.

OPINION

LANSING, Judge.

This appeal from felony convictions raises two jury-composition issues. The first issue involves the number of jurors required by the Minnesota Constitution and permitted by the Minnesota Rules of Criminal Procedure. The second involves the method by which a jury can be reduced to a number less than that selected for trial. We conclude that a defendant's waiver of his right to a twelve-person jury and agreement to allow an alternate...

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