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HERNANDEZ v. SUPERIOR COURT

No. 1 CA-SA 93-0314.

179 Ariz. 515 (1994)

880 P.2d 735

Frank Rivas HERNANDEZ and William Douglas Dennison, Petitioners, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA, The Honorable Frank T. Galati, a judge thereof, Respondent Judge, The STATE of Arizona, ex rel. Grant WOODS, Attorney General, Real Party in Interest.

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

Review Denied September 20, 1994.

Attorney(s) appearing for the Case

Treasure L. VanDreumel and Storrs & Storrs by E. Sharon Storrs, Phoenix, for petitioners.

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Alan S. Baskin, Asst. Atty. Gen., Phoenix, for real party in interest.

OPINION

GRANT, Presiding Judge.

Petitioners Frank Rivas Hernandez and William Douglas Dennison ("petitioners") seek special action relief from the trial court's denial of their Motion To Dismiss Indictment With Prejudice on double jeopardy grounds. The issues presented are:

(1) Did the trial court err in ruling that United States v. Dixon [___ U.S. ___], 113 S.Ct. 2849 [125 L.Ed.2d 556] (1993), disposes of petitioners' federal double jeopardy...

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