STATE v. BRUN

No. 1 CA-CR 97-0056.

950 P.2d 164 (1997)

190 Ariz. 505

STATE of Arizona, Appellant, v. Robert Walter BRUN, Appellee.

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

December 11, 1997.


Attorney(s) appearing for the Case

Richard M. Romley Maricopa County Attorney by Diane E.W. Gunnels, Deputy County Attorney, Phoenix, for Appellant.

Richard D. Gierloff, Phoenix, for Appellee.


NOYES, Judge.

After he was charged with a misdemeanor, Defendant filed a demand for jury trial and a motion to suppress his statements. While the motion was pending, the State obtained dismissal of the misdemeanor and re-filed the case as a felony. Defendant then moved to dismiss the felony charge on grounds of presumed prosecutorial vindictiveness. The trial court granted the motion and the State appealed. Because we conclude that the facts show no reasonable likelihood...

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