State v. Godoy

EPPICH, Judge:

*1101¶ 1 In this special action, petitioner State of Arizona challenges the respondent judge's decision to grant a judgment of acquittal in favor of real party in interest Rhiannon Whitney, pursuant to Rule 20, Ariz. R. Crim. P., after the respondent declared a mistrial due to juror misconduct. We conclude the respondent lacked authority to grant the motion, and therefore accept jurisdiction and grant relief, vacating the judgment of acquittal.

¶ 2 Whitney was charged with four counts of child abuse under circumstances likely to produce death or serious physical injury, and one count…