State of Arizona v. Shiloe Dominique Espinoza

MEMORANDUM DECISION

ECKERSTROM, Judge:

¶ 1 The state appeals from the trial court’s order granting Shiloe Espinoza’s motion to dismiss her aggravated robbery charge on double jeopardy grounds. For the following reasons, we affirm.

Factual and Procedural Background

¶2 In 2010, Espinoza was charged with aggravated robbery. At trial, the jury was instructed that if they found her not guilty of aggravated robbery, or if they could not reach a verdict on aggravated robbery, they could consider theft of a means of transportation as a lesser-included offense.

¶ 3 During deliberation, the jury sent a note…