Barnes v. Bernini

ESPINOSA, Judge:

*315¶ 1 In this special action, petitioner Jarrad Barnes challenges the respondent judge's order scheduling a jury trial to determine whether his conviction for negligent homicide is punishable as a dangerous offense. He maintains empaneling a new jury to determine a fact necessary to enhance his sentence violates double jeopardy principles. He also contends the state waived the issue pursuant to Rule 19.1, Ariz. R. Crim. P. For the following reasons, we accept jurisdiction but deny relief.

Jurisdiction

¶ 2 While our acceptance of special-action jurisdiction is highly discretionary,…