STATE v. WALKER

No. 1 CA-CR 12251.

159 Ariz. 506 (1989)

768 P.2d 668

STATE of Arizona, Appellant, v. Stephen Russell WALKER, Appellee.

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

January 26, 1989.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by Richard Seabrook, Deputy Co. Atty., for appellant.

Dean W. Trebesch, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, for appellee.


JACOBSON, Judge.

The issue on appeal is whether a finding by a city magistrate in a civil traffic proceeding that defendant was "not responsible" can collaterally estop the state from prosecuting defendant for criminal felonies arising out of the same traffic occurence.

The trial court dismissed charges against defendant of unlawful flight from a law enforcement vehicle, a class 5 felony, and endangerment, a class 6 felony, on the basis that the doctrine of...

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