STATE v. MURPHY

No. 2 CA-CR 4135-4.

148 Ariz. 306 (1986)

714 P.2d 476

The STATE of Arizona, Appellant, v. Albert Daniel MURPHY, Jr., Appellee.

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

January 29, 1986.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty., Gen., Phoenix, Stephen D. Neely, Pima Co. Atty., Tucson by Richard Nichols, Deputy Co. Atty., for appellant.

Law Offices Pima County Public Defender by Carla Ryan, Asst. Public Defender, Tucson, for appellee.


LIVERMORE, Presiding Judge.

On evidence tending to establish that defendant and another entered a business, demanded money, and ordered a clerk to move as directed, the jury convicted defendant of burglary, acquitted him of kidnapping, and was unable to reach a verdict on robbery. Contending that retrial of the robbery charge would violate double jeopardy, defendant successfully moved for a dismissal of that charge. The state appeals that ruling. We affirm.

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