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· 5/18/2004

Merlina v. Jejna

Citations

  • 90 P.3d 202
  • 208 Ariz. 1
  • 426 Ariz. Adv. Rep. 27
  • 2004 Ariz. App. LEXIS 67

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Offenses are not the same, and therefore not multiplicitous, if each requires proof of a fact that the other does not.”
  • “The principal danger in multiplicity [—] that the defendant will be given multiple sentences for the same offense [—] can be remedied at any time by merging the convictions and permitting only a single sentence.”
  • “Charges are multiplicitous if they charge a single offense in multiple counts.”
  • same rules of construction apply for court rules as for statutes
  • “We determine multiplicity by applying the test enunciated in Blockburger[.]”
  • the proper remedy for duplicative sentences is merger

Source: CourtListener parenthetical corpus (CC0).

Judges: Lankford, Winthrop, Norris

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.