In Re a Member of State Bar of Arizona

The state has appealed from the trial courts dismissal of a two-count indictment against appellee (defendant) Roland Nez Tsosie upon a finding of prosecutorial vindictiveness. We have jurisdiction pursuant to Arizona Revised Statutes ("A.R.S.") section 13-4032(1). Two issues are raised on appeal: (1) whether the trial court properly applied a presumption of vindictiveness; and (2) if so, whether the trial court acted within its discretion in dismissing the entire indictment as a sanction.