State v. Martinson

DOWNIE, Judge:

OPINION

¶ 1 The State of Arizona appeals an order dismissing with prejudice first degree felony murder and child abuse charges against Jeffrey Richard Martinson on the basis of pros-ecutorial misconduct. Martinson cross-appeals from the denial of his motions for judgment of acquittal.

¶2 Because the State was erroneously precluded from suggesting at trial that Mar-tinson intentionally killed his son, the fundamental underpinnings for a finding of prose-cutorial misconduct sufficient to warrant dismissal with prejudice are not present. We therefore vacate the dismissal with…