Opinion

State v. Bayardi

  • 230 Ariz. 195
  • 640 Ariz. Adv. Rep. 33
  • 281 P.3d 1063
  • 2012 Ariz. App. LEXIS 129
  • 2012 WL 3231094
Court
Court of Appeals of Arizona
Filed
Aug 9, 2012
Status
Published
Author
Thompson
On the bench
Johnsen, Thompson, Thumma
Cited by
25 cases
Authority
More cited than 11.2%

discussing distinction between affirmative defenses, justifications and defenses that deny an element of the charge

How later courts described this case

  • discussing distinction between affirmative defenses, justifications and defenses that deny an element of the charge
  • appeal treated as a special action when parties appealed from a superior court minute entry
  • noting that the right to appeal in Arizona is “purely statutory”
  • exercising special action jurisdiction over appeal after finding appellate jurisdiction lacking

Written by the judges who cited it.

The opinion

THOMPSON, Judge,

concurring.

¶ 24 I agree with the majority’s disposition on the merits. I write separately because I conclude that we have jurisdiction over this appeal.

¶ 25 The appeal is from the superior court’s ruling on the State’s special action. In Larkin v. State ex. rel. Rottas, 175 Ariz. 417, 430 , 857 P.2d 1271, 1284 (App.1992) we gave res judicata effect to the denial of fee requests in connection with resolution of two separate special action petitions. Thus, we deemed the ruling on each special action as a final judgment in each action, treating the special action as separate from the tax matter from which it arose. Id. Similarly, here the State’s special action is not part of the criminal prosecution which occasioned the jury instruction issue.

¶ 26 Rule 8(a) of the Arizona Rules of Procedure for Special Actions directs that the “decision of a Superior Court in a special action shall be reviewed by appeal where there is an equally plain, speedy, and adequate remedy by that means.” Consistent with that Rule, I would hold that we have appellate jurisdiction here pursuant to A.R.S. § 12-2101(A)(1), as the parties assert.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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