State v. Thorne

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., the victim rode a bicycle past the group. An incident ensued that ended with defendant pulling a gun and firing two shots. The first was a “warning” shot that struck…