State v. Wilson

OPINION

PELANDER, Presiding Judge.

¶ 1 Appellant Janice Wilson appeals from the trial court’s order granting a new trial rather than dismissing the case on double jeopardy grounds, as she had requested. Because we lack subject matter jurisdiction of the appeal, we dismiss the appeal and instead treat it as a petition for special action. Wilson argues dismissal with prejudice of the underlying charge against her is required under Peak v. Acuna, 203 Ariz. 83, 50 P.3d 833 (2002). We disagree and, therefore, accept jurisdiction but deny relief.

PROCEDURAL BACKGROUND

¶ 2 This is the second appeal in…