No. 2 CA-CIV 4043.

130 Ariz. 157 (1981)

634 P.2d 969

Ronald Gary EVANS, Petitioner, v. The Honorable Jay M. ABBEY, Judge of the Navajo County Superior Court, sitting in Gila County, State of Arizona; and, Robert Duber, II, Gila County Attorney, real party in interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 4, 1981.

Review Denied September 29, 1981.

Attorney(s) appearing for the Case

Debus & Kazan, Ltd. by Lawrence I. Kazan, Phoenix, for petitioner.

Robert Duber, II, Gila County Atty., Globe, by Catherine M. Hughes, Globe, for real party in interest.



Petitioner brought this special action to challenge the trial court's denial of his motion to dismiss his prosecution on double jeopardy grounds. Since petitioner is without an adequate remedy by means of an appeal, and since we believe the trial court abused its discretion, we assume jurisdiction and grant relief.

Petitioner is accused of first-degree murder and arson of an occupied structure. After four days of trial, the...

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