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STATE v. GIVENS

No. 1 CA-CR 88-209.

161 Ariz. 278 (1989)

778 P.2d 643

STATE of Arizona, Appellant, v. Prentice GIVENS, Appellee.

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

August 10, 1989.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Wisdom, Logan & McNulty by Mary K. Wisdom, Phoenix, for appellee.

OPINION

EUBANK, Judge.

The issue raised in this appeal is whether the sua sponte declaration of a mistrial by the trial court over both the defendant's and state's objections would bar reprosecution of defendant on double jeopardy grounds where defendant's conduct gave rise to the declaration of mistrial. We hold that reprosecution, under the circumstances, would not place defendant twice in jeopardy.

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