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STATE v. COOK

No. 1 CA-CR 91-0760.

177 Ariz. 595 (1993)

870 P.2d 413

STATE of Arizona, Appellant, v. Wade Bruce COOK, Appellee.

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

Review Denied April 5, 1994.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Div., and Warren J. Granville, Asst. Atty. Gen., Phoenix, for appellant.

Lewis and Roca by Edward F. Novak, Janet Napolitano and Charles W. Steese, Phoenix, for appellee.

OPINION

KLEINSCHMIDT, Judge.

The state appeals from an order dismissing an indictment charging the defendant, Wade Bruce Cook, with violations of the Arizona securities laws. We conclude that the trial court was correct in finding that the imposition of a $150,000 penalty in a prior administrative proceeding constituted punishment within the meaning of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, thus barring...

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