In Arizona, a twelve-person jury is required for all criminal cases in which the sentence authorized by law is either death or imprisonment for thirty years or more.
Arizona Vonstitution article 2 section 23; A.R.S. § 21-102(A) (2002).
When a sentence of less than thirty years is the potential maximum sentence, an eight-person jury is acceptable. A.R.S. § 21-102(B).
Improper denial of a twelve-person jury is fundamental error that may provide a basis for relief even if not raised in the trial court. State v. Luque, 171 Ariz. 198, 201, 829 P.2d 1244, 1247 (App. 1992).
The Court reviewed this issue de novo. State v. Smith, 197 Ariz. 333, 335, 340, P2, 4 P.3d 388, 390, 395 (App. 1999).