State v. Diaz

OPINION

BRAMMER, Judge.

¶ 1 After a mistrial due to a hung jury, appellant Angel Diaz was tried and convicted of first-degree burglary, attempted armed robbery, and aggravated assault. Diaz asserts the trial court abused its discretion during the first trial in denying his motion for judgment of acquittal on the aggravated assault charge of which he was found guilty at his second trial. He further contends only eleven jurors participated in the determination of his guilt, violating his right to a twelve-person jury. Agreeing with his latter contention, we reverse Diaz’s convictions and remand…