People v. Jinks

Defendant was convicted of committing two class A misdemeanors (petty offenses) by a jury of six and sentenced to a conditional discharge.

*654This court finds no merit to defendant’s argument that he was entitled to a 12-member jury because the trial court could have sentenced him to one year on each charge to run consecutively, citing Duncan v. Louisiana (391 U. S. 145). The Duncan case is distinguishable since a single crime punishable by two years’ imprisonment was involved. Moreover, the constitutionality of the six-member jury system in the District Court has been upheld. (Matter of Soltis…