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LEWIS v. WARNER

No. 2 CA-SA 90-0117.

166 Ariz. 354 (1990)

802 P.2d 1053

Robert Dudley LEWIS, Petitioner, v. The Honorable Nanette WARNER, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and The STATE of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Petition for Review Denied January 8, 1991.

Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender by Kevin Lerch, Tucson, for petitioner.

Stephen D. Neely, Pima Co. Atty. by Catherine M. Shovlin, Tucson, for real party in interest.

OPINION

HOWARD, Judge.

This special action was taken from the trial court's order denying petitioner's motion to dismiss. The double jeopardy issue presented arises out of the application of the United States Supreme Court's recent decision in Grady v. Corbin, ___ U.S. ___, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). Because this is a matter of statewide concern and turns entirely upon legal principles rather...

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