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JONES v. KIGER

No. 1CA-SA 99-0070.

984 P.2d 1161 (1999)

194 Ariz. 523

Asa Edward JONES, Petitioner, v. The Honorable William T. KIGER, Judge of the Superior Court of the State of Arizona, in and for the County of Yavapai, Respondent Judge, State of Arizona, Real Party in Interest.

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

June 10, 1999.

Attorney(s) appearing for the Case

Law Offices of William B. Fortner by William B. Fortner, Prescott, Attorney, for Petitioner.

Charles R. Hastings, Yavapai County Attorney by Dante M. Alegre, Deputy County Attorney, Prescott, Attorneys for Respondent.

OPINION

KLEINSCHMIDT, Judge.

¶ 1 This case presents the question whether prosecution of the Defendant is barred by the constitutional prohibition against placing an accused twice in jeopardy. The denial of a motion to dismiss that is based on a claim of double jeopardy is properly reviewed by special action. See Miller v. Superior Court, 189 Ariz. 127, 129,

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