People v. Champion

497 N.W.2d 193, 198 Mich. App. 299

Opinions

Per Curiam.

Following a jury trial, defendant was convicted of two counts of first-degree criminal sexual conduct, MCL 750.520b(l)(c); MSA 28.788(2) (l)(c), two counts of armed robbery, MCL 750.529; MSA 28.797, and one count of breaking and entering, MCL 750.110; MSA 28.305. The trial court then found defendant guilty of being a third-felony offender, MCL 769.11; MSA 28.1083. He was sentenced to sixty to ninety years’ imprisonment. He appeals as of right, and we reverse.

Defendant argues that he was denied his constitutional right to a twelve-person jury because his waiver of a full jury was coerced and because his waiver was taken before twelve jurors were impaneled. MCR 6.410(A) provides in pertinent part:

After a jury of 12 or more jurors has been impaneled and before a verdict is returned, the parties may stipulate with the court’s consent to have the case decided by a specified number of jurors less than 12.

In the present case, the trial court allowed defendant to stipulate that the jury could consist of eleven jurors before a jury of twelve was impaneled. Accordingly, we find that reversal is warranted. As a result of our disposition of this issue, we need not address defendant’s remaining issues.

Reversed.