State v. Prince

OPINION

BIRDSALL, Judge.

Only one question needs to be answered in this appeal. Was it fundamental error requiring reversal for the appellant to be tried by an eight-person jury when he was entitled to a jury of 12? We hold that it was and reverse.

The defendant was charged with both burglary and theft, each with three prior- felony convictions. The maximum sentences with the priors were 20 years on the burglary and 12 on the theft. This total of a possible 32 years’ imprisonment required trial by a jury of 12 persons. Arizona Constitution, Art. 2, § 23, provides in part:

“The right of trial by…