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STATE v. LAGUNA

No. 2 CA-CR 1858.

124 Ariz. 179 (1979)

602 P.2d 847

STATE of Arizona, Appellant, v. Nick LAGUNA, Jr., Appellee.

Court of Appeals of Arizona, Division 2.

November 2, 1979.

Attorney(s) appearing for the Case

Richard N. Groves, Santa Cruz County Atty. by William I. Rothstein, Deputy County Atty., Nogales, for appellant.

Michael Drake, Nogales, for appellee.

OPINION

RICHMOND, Chief Judge.

The state appeals from an order dismissing prosecution of the appellee on felony assault charges because appellee had already been convicted in justice court of a lesser included offense. We agree that the felony charges placed appellee in double jeopardy and affirm.

Appellee was arrested by the Patagonia Town Marshal after he allegedly fired a gun in the direction of two men. He was charged in justice court with discharging...

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