Johnson v. Tucson City Court

OPINION

HATHAWAY, Judge.

Appellant was arrested on August 14, 1985, and charged with violations of A.R.S. §§ 28-692(A) and 28-692(B). On September 11, 1986, on appellant’s motion the charges were dismissed without prejudice, pursuant to Ariz.R.Crim.P. 8, 17 A.R.S. The following day the state filed its notice of appeal, and on October 2, 1986, refiled the charges against appellant. Believing that the refiling was proscribed by Rule 9 of the Superior Court Rules of Appellate Procedure-Criminal, the state moved to dismiss the appeal, which was granted, and refiled the charges against appellant on…