STATE v. MIEG

No. 1 CA-CR 08-0964.

239 P.3d 1258 (2010)

STATE of Arizona, Appellant, v. Jason Allen MIEG, Appellee.

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

October 7, 2010.


Attorney(s) appearing for the Case

Richard M. Romley , Maricopa County Attorney By Linda Van Brakel , Deputy County Attorney, Phoenix, Attorneys for Appellant.

James J. Haas , Maricopa County Public Defender By Karen M.V. Noble , Deputy Public Defender, Phoenix, Attorneys for Appellee.


OPINION

HALL, Judge.

¶ 1 Following a mistrial declared when a state's witness mentioned the offense for which defendant was arrested but not charged, the state obtained a new indictment adding the uncharged offense. The trial court subsequently granted defendant's motion to dismiss all charges with prejudice based on prosecutorial vindictiveness. Because we conclude that the undisputed facts fail to establish a prima facie case of vindictive prosecution...

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