State v. Binford

OPINION

SCHROEDER, Judge.

Appellant, William Charles Binford, following a jury trial, was convicted of second degree burglary and grand theft. He was sentenced to concurrent prison terms of three to five years on the burglary and three to seven years on the grand theft charge. Appellant’s major contention on appeal is that these convictions are defective because he was constitutionally entitled to a jury consisting of twelve, as opposed to eight, members.

Article 2, § 23 of the Arizona Constitution as well as its statutory counterpart A.R.S. § 21-102(A) provide that juries shall consist of…