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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 9 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 22nd day of February, 2006 , are as follows:

BY TRAYLOR, J. :

2005-K -0226

STATE OF LOUISIANA v. DANIEL J. JONES (Parish of St. Tammany) (Operating a Vehicle While Intoxicated, Fourth Offense) Case remanded to the Court of Appeal, First Circuit, for the reasons assigned in this opinion. CASE REMANDED TO COURT OF APPEAL WEIMER, J., concurs and assigns reasons.

02/22/2006

SUPREME COURT OF LOUISIANA
No. 2005-K-0226 STATE OF LOUISIANA V. DANIEL J. JONES

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF ST. TAMMANY

TRAYLOR, J. In this case, we are presented with the issue of whether a criminal trial decided by a unanimous jury composed of a greater number of persons than constitutionally required, violates the criminal defendant's constitutional rights. Finding no prejudice to the defendant in this case, we remand to the Court of Appeal, First Circuit, for consideration of other issues raised on appeal.

FACTS AND PROCEDURAL HISTORY Defendant, Daniel Jones (hereinafter referred to as "Jones"), was charged by bill of information with one count of operating a vehicle while intoxicated ("DWI"), fourth offense, a violation of La. R.S. 14:98(E). Jones was tried by a jury of twelve, who unanimously found him guilty as charged. The trial court sentenced Jones to twenty years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Jones appealed his conviction and sentence to the Court of Appeal, First Circuit, arguing that he was convicted based on insufficient evidence and that the trial court erred in refusing to sentence him under the 2001 amendments to La. R.S. 14:98.

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The First Circuit, sitting en banc, issued a per curiam opinion.1 While reviewing the merits of the case, the court of appeal recognized ex proprio motu that the record revealed Jones had been tried before a jury of twelve rather than six jurors as required by La. Const. Art. I,

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