(DOWNLOAD) "State v. Riley" by Arizona Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State v. Riley
- Author : Arizona Court of Appeals
- Release Date : January 04, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
On March 11, 1982, defendant was convicted for the sale of marijuana after a trial by jury. Before the jury was dismissed, the trial judge read the allegation of a prior conviction and asked the defendant if he admitted or denied the prior. Defendant admitted the prior and the jury was excused. The court of appeals affirmed the conviction for the sale of marijuana but found that the trial court erred in accepting the admission of the prior conviction without complying with Rule 17, Rules of Criminal Procedure, 17 A.R.S. State v. Riley, 141 Ariz. 15, 684 P.2d 896 (App.1984). On remand a new jury found the allegation of a prior conviction to be true and defendant was sentenced to a mitigated term of imprisonment of seven years. He appeals contending that trial of the allegation of a prior conviction before a new jury was not permitted by Arizona statutes and rules and that if it was, such a retrial violated double jeopardy.
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