State v. Smith

DRUKE, Judge.

¶ 1 Appellant Andre Smith and his companions attacked and severely beat two men in a park in Sierra Vista, Arizona. An eight-person jury found Smith guilty of two counts of aggravated assault with a deadly weapon or dangerous instrument, and the trial court sentenced him to concurrent, presumptive, 7.5-year prison terms. After Smith filed a notice of appeal from his convictions and sentences, he sought post-conviction relief pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S., claiming he had not waived the right to a twelve-person jury and had received ineffective assistance of…