Johnson v. State

OPINION

RUCKER, Judge.

Is a defendant entitled to a twelve-person jury when he is charged with auto theft which has been enhanced to a Class C felony based on a prior conviction for the same offense? We think not and therefore affirm.

The essential facts are these. In the early morning hours of October 25, 1998, Nicholas Morales reported to police that his 1987 Pontiac Grand Am was missing from in front of his East Chicago, Indiana home. A few hours later Officer Jerome Sliz of the Gary Police Department observed Michael L. Johnson in the driver's seat of the car. The steering column had been…