State v. Diaz

OPINION

PELANDER, Justice.

¶ 1 After a jury trial, Angel Diaz was convicted of first degree burglary, attempted armed robbery, and aggravated assault. On appeal, relying on the reporter’s transcript reflecting that only eleven jurors were polled following return of the verdicts, Diaz successfully argued that his right to a twelve-person jury had been violated. We disagree and conclude that Diaz failed to establish any legal error. Accordingly, we vacate both the opinion and supplemental opinion below and affirm his convictions.

I

¶ 2 On the first day of Diaz’s trial, the trial court empanelled…