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STATE v. RODRIGUEZ

No. 2 CA-CR 98-0599.

7 P.3d 148 (2000)

198 Ariz. 139

The STATE of Arizona, Appellee, v. Frank Leyvas RODRIGUEZ, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

July 20, 2000.

Attorney(s) appearing for the Case

Janet Napolitano, Arizona Attorney General By Paul J. McMurdie and Donna J. Lam, Tucson, Attorneys for Appellee.

Susan A. Kettlewell, Pima County Public Defender By Susan C.L. Kelly, Tucson, Attorneys for Appellant.

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Frank Leyvas Rodriguez challenges his conviction for aggravated driving under the influence of an intoxicant (DUI) with two prior DUI offenses within sixty months, claiming his prosecution and conviction are barred by collateral estoppel under the Double Jeopardy Clause.1 We reject this argument and affirm because no jury had previously reached a decision on the conduct underlying...

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