LEMKE v. RAYES

No. 1 CA-SA 06-0130.

141 P.3d 407 (2006)

Robert David LEMKE, Petitioner, v. The Honorable Douglas L. RAYES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

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

August 15, 2006.


Attorney(s) appearing for the Case

Susan Sherwin, Office of the Legal Advocate, By Thomas J. Dennis, Deputy Legal Advocate, Bruce Peterson, Deputy Legal Advocate, Phoenix, Attorneys for Petitioner.

Andrew P. Thomas, Maricopa County Attorney By Lisa Marie Martin, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.


OPINION

HALL, Judge.

¶ 1 Robert David Lemke seeks special action review of the superior court's order denying his motion to dismiss his felony-murder charge before retrial as barred by double jeopardy and collateral estoppel principles. In denying Lemke's motion, the superior court determined that: (1) there are no lesser-included offenses of felony murder and therefore no other offenses constitute the "same...

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