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QUINTON v. SUPERIOR COURT

No. 1 CA-SA 90-224.

168 Ariz. 545 (1991)

815 P.2d 914

Timothy Price QUINTON, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona, In and For the COUNTY OF MOHAVE, the Honorable Leonard C. Langford, a judge thereof, Respondent Judge, William J. EKSTROM, Jr., Mohave County Attorney, Real Party in Interest.

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

Review Denied September 12, 1991.

Attorney(s) appearing for the Case

M. Ruth O'Neill, Mohave County Legal Defender, Kingman, for petitioner.

William J. Ekstrom, Jr., Mohave County Atty. by Robert R. Moon, Deputy County Atty., Kingman, for real party in interest.

Grant Wood, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., Phoenix, for respondent.

OPINION

CLABORNE, Judge.

Timothy Price Quinton (defendant) was indicted for kidnapping and custodial interference, convicted by a jury, and sentenced to thirty years in prison. Before sentencing, but after this first indictment, the defendant was indicted for first degree murder and is awaiting trial on that charge. Defendant claims that the subsequent murder prosecution violates his state and federal constitutional double jeopardy rights

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