· 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 CourtListenerSourced 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.