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STATE v. SOLIZ

No. CR-09-0087-PR.

219 P.3d 1045 (2009)

STATE of Arizona, Appellee, v. Basilio SOLIZ, Appellant.

Supreme Court of Arizona, En Banc.

December 8, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Michael T. O'Toole, Assistant Attorney General, Julie A. Done, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Sharmila Roy, Laveen, Attorney for Basilio Soliz.

OPINION

RYAN, Justice.

¶ 1 Article 2, Section 23 of the Arizona Constitution requires that "[j]uries in criminal cases in which a sentence of ... imprisonment for thirty years or more is authorized by law shall consist of twelve persons." In this case we consider whether this provision is violated when a sentence of thirty years or more is authorized by law for the crimes charged, the case proceeds to verdict with a jury of less than twelve people without...

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