STATE v. WAY

No. 2 CA-CR 2230.

129 Ariz. 357 (1981)

631 P.2d 139

The STATE of Arizona, Appellee, v. Merrick Clinton WAY, Appellant.

Court of Appeals of Arizona, Division 2.

June 24, 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 appellee.

Platt, Jenson & Johnson, P.C. by Dennis D. Jenson, Coolidge, for appellant.


OPINION

BIRDSALL, Judge.

This appeal arises after a jury verdict finding appellant guilty of the crimes of theft of property with a value over $100 but not more than $1000 and burglary in the second-degree. A first trial resulted in a mistrial and the major issue on appeal is a claim of double jeopardy.

In the first trial the victim was called as a prosecution witness, examined and cross-examined by appellant's trial counsel. At the close of appellee...

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