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TAYLOR v. SHERRILL

No. CV-90-0449-PR.

169 Ariz. 335 (1991)

819 P.2d 921

John Hubert TAYLOR, Petitioner, v. The Honorable William SHERRILL, Judge of the Superior Court of the State of Arizona, County of Pima, Respondent, and The STATE of Arizona, Real Party In Interest.

Supreme Court of Arizona, En Banc.

October 24, 1991.

Attorney(s) appearing for the Case

Susan A. Kettlewell, Pima County Public Defender by Peter J. Eckerstrom, Asst. Public Defender, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty. by Thomas J. Zawada, Deputy County Atty., Catherine M. Shovlin, Deputy County Atty., Tucson, for State of Ariz.

Frederick S. Dean, Tucson City Atty. by R. William Call, Deputy City Atty., Laura Brynwood-Kitchen, Supervising Prosecutor, Tucson, for amicus curiae.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

The state seeks review of a court of appeals' opinion holding that the double jeopardy clause of the United States Constitution applied to, and prohibited prosecution of, defendant's pending felony charges of aggravated assault and criminal damage. We granted the state's petition for review in part, and have jurisdiction pursuant to Ariz. Const. art. 6, &...

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