STATE v. BROWN

No. 1 CA-CR 06-0415.

159 P.3d 553 (2007)

STATE of Arizona, Appellee, v. Richard D. BROWN, Appellant.

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

June 7, 2007.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Nicholas D. Acedo, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Susan Sherwin, Office of the Legal Advocate by Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for Appellant.


OPINION

TIMMER, Judge.

¶ 1 An eight-person jury convicted Richard D. Brown of first-degree burglary, aggravated assault, and threatening or intimidating. Brown argues the trial court committed fundamental error by failing to empanel a twelve-person jury because he faced a possible sentence in excess of thirty years' imprisonment at the time the jury commenced deliberations. Ariz. Const. art. 2, § 23; Ariz.Rev.Stat. ("A.R.S.") § 21-102(A) ...

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