Baggage v. Shadron Realty Inc‪.‬

These proceedings arise out of a criminal prosecution in the trial court. The state filed a petition for special action challenging the lower courts jurisdiction to direct verdicts of acquittal on two counts after having discharged the jury. The defendants, by cross-petition, challenged the action of the lower court in ordering a new trial as to the counts of grand theft and simple assault and/or battery. Since the jeopardy issue presented by the cross-petition is dispositive, rendering moot the states complaint as to the directed verdicts, we address ourselves solely to the following question: Does double jeopardy foreclose retrial of these defendants? We have concluded that the question must be answered in the affirmative.