Whether the trial court erred in instructing the jury on elements of crimes defined by a post-offense statute amendment and whether the defendant was deprived of his Sixth Amendment right to a 12-person jury for a serious felony

QUESTION PRESENTED 1. Whether, contrary to the Due Process Clause, the trial court erred in instructing the jury on the elements of the charged crimes as defined by a statute amended after the dates of the alleged crimes? 2. Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony? i