State v. Hickle

CAMERON, Justice.

This is an appeal by the State from the granting of defendant’s motion to vacate judgment, and the granting of a new trial. Defendant cross-appeals, alleging a new trial would violate his right to be free from double jeopardy. We have jurisdiction pursuant to A.R.S. §§ 13-4031 and 13-4032.

The parties present the following issues on appeal:

1. Did the trial court abuse its discretion in vacating judgment and granting a new trial on the basis of newly discovered evidence?

2. Would a retrial violate defendant’s double jeopardy rights under the United States and Arizona…