Double Jeopardy
In State v. Cope, No. 1 CA-CR 14-0596, (12/30/16), the Court of Appeals held that the offense of Shoplifting under 13A.R.S. § 1805.A.1, is a lesser included offense of Organized Retail Theft, 13 A.R.S. § 1819.A.1 and therefore the defendant could not be convicted of and punished for both offenses. The court went on…
7/1/16 The Double Jeopardy Clauses of both the United States and Arizona Constitutions prevent multiple convictions for the same conduct arising from the same incident. In State v. Jurden, Arizona Supreme Court, No. CR-15-0236-PR, (7/1/16), the defendant was charged and convicted for two violations of Arizona’s resisting arrest statute, 13 A.R.S. §2508. The conduct at…
5/5/16 In State v. Angel Pete Ruiz, No. 2 CA-CR 2015-0036, (4/27/16), the defendant was charged with multiple offenses including aggravated robbery. The case was tried to a jury. During trial (and presumably at the conclusion of the State’s case) the defendant made a motions for judgment of acquittal on two counts. The trial judge…