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STATE v. HICKLE

No. 5157-2.

133 Ariz. 234 (1982)

650 P.2d 1216

STATE of Arizona, Appellant/Cross-Appellee, v. Michael M. HICKLE, Appellee/Cross-Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 14, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Diane M. Ramsey, and Linda A. Akers, Asst. Attys. Gen., Phoenix, for appellant/cross-appellee.

Van Baalen Law Officers by Richard T. Weissman, Phoenix, for appellee/cross-appellant.

CAMERON, Justice.

This is an appeal by the State from the granting of defendant's motion to vacate judgment, and the granting of a new trial. Defendant cross-appeals, alleging a new trial would violate his right to be free from double jeopardy. We have jurisdiction pursuant to A.R.S. §§ 13-4031 and 13-4032.

The parties present the following issues on appeal:

1. Did the trial court abuse its discretion in vacating judgment and granting a...

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