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STATE v. WILSON

No. 2 CA-CR 2003-0151.

82 P.3d 797 (2004)

207 Ariz. 12

The STATE of Arizona, Appellee, v. Janice L. WILSON, Appellant.

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

January 16, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Donald Conrad and Sylvia E. Goodwin, Tucson, for Appellee.

Patricia A. Taylor, Tucson, for Appellant.

OPINION

PELANDER, Presiding Judge.

¶ 1 Appellant Janice Wilson appeals from the trial court's order granting a new trial rather than dismissing the case on double jeopardy grounds, as she had requested. Because we lack subject matter jurisdiction of the appeal, we dismiss the appeal and instead treat it as a petition for special action. Wilson argues dismissal with prejudice of the underlying charge against her is required under Peak v. Acuna...

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