Doe v. State

OPINION ON REHEARING

HOFFMAN, Presiding Judge.

On December 9, 1981, appellant Paul Var-ner was arrested after being observed driving an automobile reported stolen from Grand Rapids, Michigan. Appellant was placed on trial before a six-man jury on a charge of theft, 1 a class D felony. The jury returned a verdict of guilty and Varner appealed.

In his original appeal Varner contended the trial court erred in trying him before a six-man jury. This Court reversed appellant's conviction on this ground in a memorandum decision entered on June 2, 1988. The State timely filed a petition for rehearing.…