Smart v. State

PADOVANO, Judge.

Zachary DeAngelo Smart, the defendant, appeals his conviction for first degree murder. The sole argument for reversal is that the trial court erred in accepting defense counsel’s waiver of a twelve-person jury and allowing the case to proceed to trial by a jury of six. The defendant was not present when the waiver was announced by counsel, and because the defendant repudiated the waiver and objected to a six-person jury before the panel was sworn, we conclude that the trial court erred in allowing the case to proceed to trial by a six-person jury. Therefore, we reverse the…