STATE v. MOYA

No. 5159.

129 Ariz. 64 (1981)

628 P.2d 947

STATE of Arizona, Appellant, v. John Calles MOYA, Jr., Appellee.

Supreme Court of Arizona, En Banc.

Rehearing Denied June 2, 1981.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Georgia B. Ellexson, Asst. Attys. Gen., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender by John Foreman, Deputy Public Defender, Phoenix, for appellee.


HAYS, Justice.

The appellee, John Calles Moya, Jr., hereinafter referred to as defendant, was convicted by a jury of first degree murder on July 5, 1979. On July 13, defense counsel moved for a new trial pursuant to 17 A.R.S. Rules of Criminal Procedure, rule 24.1 On September 24, the trial court denied the motion for new trial. After denying the motion, however, the trial court, assuming inherent power to modify the verdict, entered a judgment of acquittal on the...

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