STATE v. MILLANES

No. 1 CA-CR 92-0949.

180 Ariz. 418 (1994)

885 P.2d 106

STATE of Arizona, Appellee, v. Robert Jesse MILLANES, Appellant.

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

Review Denied December 20, 1994.

Reconsideration Denied June 2, 1994.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, John Pressley Todd, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Lawrence S. Matthew, Deputy Public Defender, Phoenix, for appellant.


OPINION

GRANT, Judge.

In this opinion we hold that a defendant does not waive a double jeopardy claim by merely failing to raise it in the trial court. We further hold that the trial court's action in submitting a charge to the jury after initially granting an acquittal on the basis of insufficient evidence violates the prohibition against double jeopardy. Therefore, we reverse the conviction on the charge that was the subject of the acquittal. The remaining...

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