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MILLER v. SUPERIOR COURT

No. 1 CA-SA 96-0249.

938 P.2d 1128 (1997)

189 Ariz. 127

Charles Lamar MILLER, and Maricopa County Public Defender, Petitioners, v. SUPERIOR COURT of The State of Arizona, in and for the County of Maricopa, The Honorable Michael O. Wilkinson, a judge thereof, Respondent Judge, The STATE of Arizona, ex rel., Richard ROMLEY, Maricopa County Attorney, Real Party in Interest.

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

May 29, 1997.

Attorney(s) appearing for the Case

Richard Romley, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, for Real Party in Interest.

Dean W. Trebesch, Maricopa County Public Defender by Vicki A.R. Lopez, Deputy Public Defender, Phoenix, for Petitioner.

OPINION

NOYES, Judge.

After one judge granted Petitioner a new trial because of prosecutorial misconduct in the first trial, Petitioner filed a motion to dismiss the indictment on double jeopardy grounds. The case was then transferred to another judge, who denied the motion to dismiss. Petitioner filed this petition for special action. We accepted jurisdiction and now deny relief.

I.

At Petitioner's trial on two counts of aggravated assault...

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