STATE v. MARTINSON

No. 1 CA-CR 13-0895.

384 P.3d 307 (2016)

STATE of Arizona, Appellant/Cross-Appellee, v. Jeffrey Richard MARTINSON, Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1.

FILED September 22, 2016.


Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Gerald R. Grant , Counsel for Appellant/Cross-Appellee.

Michael Terribile, Attorney at Law, Phoenix, By Michael Terribile , Co-Counsel for Appellee/Cross-Appellant.

Law Office of Treasure VanDreumel, PLC, Phoenix, By Treasure VanDreumel , Co-Counsel for Appellee/Cross-Appellant.

Arizona Voice for Crime Victims, Scottsdale, By Colleen Clase , Co-Counsel for Crime Victim, K.E.

University of Utah Appellate Clinic, S.J. Quinney College of Law, Salt Lake City, Utah, By Paul G. Cassell , Co-Counsel/Pro Hac Vice for Crime Victim, K.E.

Judge Margaret H. Downie delivered the opinion of the Court, in which Acting Presiding Judge John C. Gemmill (Retired) and Judge Samuel A. Thumma joined.


OPINION

¶ 1 The State of Arizona appeals an order dismissing with prejudice first degree felony murder and child abuse charges against Jeffrey Richard Martinson on the basis of prosecutorial misconduct. Martinson cross-appeals from the denial of his motions for judgment of acquittal.

¶ 2 Because the State...

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