State v. Smith

OPINION

HOWARD, Judge.

Appellant was found guilty by a jury of sexual assault with a prior non-dangerous offense and was sentenced to imprisonment for 10 and one-half years. He contends that the trial court (1) wrongfully denied his request for a twelve-man jury; (2) erred in allowing into evidence, for impeachment purposes, a prior burglary conviction; (3) erred in failing to direct a verdict in his favor on the issue of the prior conviction and erroneously refused to instruct the jury on this issue; and (4) that the conduct of the prosecution in final argument denied him a fair trial. We…