People v. Bochenek

Defendant was convicted, after 6-person jury trial, of 1 count of identity theft for unauthorized use of another person's credit card to buy cigarettes at a gas station.Evidence of guilt was overwhelming, as it shows that on 2 prior occasions Defendant knew that he was not authorized to use other people's credit cards. Jury was given appropriate limiting instruction before that evidence was presented. Record supports inference that Defendant was fully apprised of his rights as to a jury and knowingly waived them, even though defense counsel did not specifically state that he discussed the choice of a 6- of 12-person jury. (BURKE and SCHOSTOK, concurring.)