State v. Lutz

Defendant appeals his convictions for harassment and sexual abuse in the first degree. The verdicts were returned by an 11-member jury, and defendant protests that he was denied the right under ORS 136.210(1) to have his case decided by a 12-member jury. He also challenges the indictment and two evidentiary rulings. We remand for the trial court to determine whether defendant consented to be tried by an 11-member jury.

The charges involved sexual conduct with defendant’s daughter. Trial began on April 16,1986, and a jury of 12 members was empaneled. The following morning one of the jurors…