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ANDRADE v. SUPERIOR COURT

No. 1 CA-SA 95-0176.

183 Ariz. 113 (1995)

901 P.2d 461

Carlos E. ANDRADE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Alfred J. Rogers, a judge thereof, Respondent Judge, STATE of Arizona, Real Party in Interest.

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

August 15, 1995.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Glenn McCormick, Deputy County Atty., and Arthur Hazleton, Deputy County Atty., Phoenix, for real party in interest.

Antonio R. Zuniga, Phoenix, for petitioner.

OPINION

McGREGOR, Judge.

Petitioner Carlos E. Andrade brings this special action to challenge the trial court's denial of his motion to dismiss the charges against him. Petitioner asks us to rule that under double jeopardy principles1, an acquittal on a greater offense bars retrial on all lesser included offenses, including those on which the trial court had instructed the jury but on which the trial court granted a mistrial...

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