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Legal Opinion

State v. Aguilar

Court of Appeals of Arizona

Decided December 19, 2007No. 2 CA-CR 2006-0226PublishedCited by 25 opinions

1Opinion of the Court

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant Higinio Aguilar challenges his convictions of aggravated assault with a deadly weapon and various other criminal offenses, contending his second trial was barred by the Fifth Amendment’s protection against double jeopardy. 1 We agree and therefore vacate the convictions and sentences entered at the conclusion of Aguilar’s second trial and instruct the trial court to dismiss the charges against Aguilar with prejudice.

Facts and Procedural Background

¶2 The relevant facts are undisputed. The state charged Aguilar with aggravated assault with a deadly…

2Cases cited28 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Arizona v. WashingtonSupreme Court of the United States · 1978
  4. Wade v. HunterSupreme Court of the United States · 1949
  5. United States v. DinitzSupreme Court of the United States · 1976

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3Cited by25 opinions

  1. State v. MartinezCourt of Appeals of Arizona · 2009
  2. State of Arizona v. Francisco Antonio LopezCourt of Appeals of Arizona · 2012
  3. State of Arizona v. Tywan Demetrius WoodsCourt of Appeals of Arizona · 2015
  4. State v. DickinsonCourt of Appeals of Arizona · 2017
  5. State v. MartinsonCourt of Appeals of Arizona · 2016

20 more not listed; retrieve them via the Exa API.

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