Jones v. Kiger

OPINION

KLEINSCHMIDT, Judge.

¶ 1 This case presents the question whether prosecution of the Defendant is barred by the constitutional prohibition against placing an accused twice in jeopardy. The denial of a motion to dismiss that is based on a claim of double jeopardy is properly reviewed by special action. See Miller v. Superior Court, 189 Ariz. 127, 129, 938 P.2d 1128, 1130 (App.), rev. denied, Miller v. Wilkinson-Mar, 190 Ariz. 213, 946 P.2d 464 (1997).

¶ 2 The case arose as follows. An informant told the Prescott Area Narcotics Task Force that the Defendant and a co-defendant had drugs at…