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STATE v. BERRY

No. 1 CA-CR 5062.

133 Ariz. 264 (1982)

650 P.2d 1246

STATE of Arizona, Appellant, v. Richard S. BERRY and Richard Karl Kerekes, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 20, 1982.

Review Denied September 16, 1982.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by Howard Schwartz, Deputy County Atty., Phoenix, for appellant.

Robert L. Storrs, Phoenix, for appellee Kerekes.

Richard S. Berry, in pro. per.

OPINION

JACOBSON, Presiding Judge.

This case prevents novel questions regarding the effect of a prior federal prosecution on criminal proceedings in the State of Arizona. The issues concern the possible collateral estoppel effect of the federal prosecution, as an aspect of double jeopardy under Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970) and the statutory defense provided by A.R.S. § 13-112...

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