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NALBANDIAN v. SUPERIOR COURT

Nos. 1 CA-SA 88-160, 1 CA-CR 88-760.

163 Ariz. 126 (1989)

786 P.2d 977

James Peter NALBANDIAN, Petitioner-Appellant, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Barry G. Silverman, a judge thereof, Respondent Judge, Robert K. CORBIN, Attorney General of the State of Arizona, Real Party in Interest. STATE of Arizona, Appellee, v. James Peter NALBANDIAN, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied October 10, 1989.

Review Denied February 26, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica J. Funkhouser, Chief Counsel, Crim. Div. and Dave Powell, Asst. Atty. Gen., Phoenix, for real party in interest-appellee.

Crow & Scott, P.A. by Michael B. Scott, Phoenix, for petitioner-appellant.

OPINION

JACOBSON, Presiding Judge.

This case involves whether a defendant is entitled to an interlocutory appeal when a plea of double jeopardy is raised. James Peter Nalbandian (defendant) appealed from the trial court's denial of his motion for a directed verdict of not guilty "pursuant to Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977)." The trial court refused to recognize his notice of...

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