Court of Appeals of Arizona· 9/3/1998

State v. Chabolla-Hinojosa

Citations

965 P.2d 94
192 Ariz. 360
277 Ariz. Adv. Rep. 5
1998 Ariz. App. LEXIS 155

How courts have described this case

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

recognizing repeal of transportation of marijuana as a criminal offense and replacement with transportation for sale
vacating a lesser-included offense as a remedy for a double-jeopardy violation
lesser included offense can have the same as or a lesser penalty than the greater offense
test for lesser included offense includes situation where lesser charge is “incidental” to greater whose commission as charged necessarily includes the lesser
“When a person is convicted of an offense, the prohibition against double jeopardy protects against further prosecution for that or any lesser -included offense.”
lesser-included offense is composed solely of some but not all the elements of the greater crime and is “always a constituent part of the greater offense”

Source: CourtListener parenthetical corpus (CC0).

Judges: Noyes, Kleinschmidt, Toci

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

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.