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STATE EX REL. DEAN v. HANTMAN

No. 2 CA-SA 91-0047.

169 Ariz. 414 (1991)

819 P.2d 1000

The STATE of Arizona ex rel. Frederick S. DEAN, City Attorney for the City of Tucson, Petitioner, v. The Honorable Howard HANTMAN, a Judge Pro Tem for the Superior Court of the State of Arizona, County of Pima, Respondent. and David ROOT, Real Party in Interest.

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

As Corrected May 29 and June 21, 1991.

Review Denied December 3, 1991.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by R. William Call, Tucson, for petitioner.

Charles P. Davies, Tucson City Public Defender by Frances T. Lynch, Tucson, for real party in interest.

OPINION

FERNANDEZ, Chief Judge.

This special action presents yet another question regarding the application of the Supreme Court's decision in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990).1 In this case, the issue is whether the double jeopardy clause precludes the use of evidence, in a criminal trial for driving under...

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