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STATE v. TSOSIE

No. 1 CA-CR 89-1608.

171 Ariz. 683 (1992)

832 P.2d 700

STATE of Arizona, Appellant, v. Roland Nez TSOSIE, Appellee.

Court of Appeals of Arizona, Division One, Department A.

June 2, 1992.

Attorney(s) appearing for the Case

John Verkamp, Coconino Co. Atty. by David R. Penilla and Michael J. Hruby, Deputy Co. Attys., Flagstaff, for appellant.

John H. Grace, Coconino County Public Defender by Lee Brooke Phillips, Deputy Public Defender, Flagstaff, for Appellee.

OPINION

CONTRERAS, Judge.

The state has appealed from the trial court's dismissal of a two-count indictment against appellee (defendant) Roland Nez Tsosie upon a finding of prosecutorial vindictiveness. We have jurisdiction pursuant to Arizona Revised Statutes ("A.R.S.") section 13-4032(1). Two issues are raised on appeal: (1) whether the trial court properly applied a presumption of vindictiveness; and (2) if so, whether the trial court acted within its...

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