Fitzgerald v. Superior Court

OPINION

JACOBSON, Judge.

Petitioner Donald Lee Fitzgerald (defendant) seeks special action review of the trial court’s denial of his motion to dismiss four criminal drug and weapons charges because of principles of double jeopardy and collateral estoppel that are allegedly applicable because of a previous civil forfeiture proceeding. The issue presented is whether a finding in the forfeiture action, that defendant was not engaged in any illegal activity regarding the seized items, precludes the state from bringing a subsequent criminal action based on defendant’s possession and use of those…