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FITZGERALD v. SUPERIOR COURT

No. 1 CA-SA 91-273.

173 Ariz. 539 (1992)

845 P.2d 465

Donald Lee FITZGERALD, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Gregory H. Martin, a judge thereof, Respondent Judge, The STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Real Party in Interest.

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

Reconsideration Denied February 12, 1993.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by Karen M. Noble, Deputy Public Defender, Phoenix, for petitioner.

Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Deputy County Atty., Phoenix, for real party in interest.

OPINION

JACOBSON, Judge.

Petitioner Donald Lee Fitzgerald (defendant) seeks special action review of the trial court's denial of his motion to dismiss four criminal drug and weapons charges because of principles of double jeopardy and collateral estoppel that are allegedly applicable because of a previous civil forfeiture proceeding. The issue presented is whether a finding in the forfeiture action, that defendant was not engaged in any illegal activity...

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