Andrade v. Superior Court

OPINION

McGREGOR, Judge.

Petitioner Carlos E. Andrade brings this special action to challenge the trial court’s denial of his motion to dismiss the charges against him. Petitioner asks us to rule that under double jeopardy principles 1 , an acquittal on a greater offense bars retrial on all lesser included offenses, including those on which the trial court had instructed the jury but on which the trial court granted a mistrial because the jury was not able to reach a verdict. For the reasons that follow, we accept jurisdiction but deny relief.

I

The facts necessary to resolve this special action…