Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Dickinson

Court of Appeals of Arizona, First Division

March 16, 2017

STATE OF ARIZONA, Appellee,
v.
WADE COLE DICKINSON, Appellant.

         Appeal from the Superior Court in Yavapai County No. P1300CR201000452 The Honorable Cele Hancock, Judge

          Arizona Attorney General's Office, Phoenix By Eliza C. Ybarra Counsel for Appellee.

          Yavapai County Public Defender's Office, Prescott By Nicole S. Murray Counsel for Appellant.

          Presiding Judge Kent E. Cattani delivered the opinion of the Court, in which Judge Lawrence F. Winthrop and Chief Judge Michael J. Brown joined.

          OPINION

          CATTANI, JUDGE

         ¶1 Wade Cole Dickinson challenges on double jeopardy grounds his convictions and sentences for fraudulent schemes, forgery, taking the identity of another, and theft. He argues that because the convictions resulted from a second trial following a trial in which the superior court sua sponte ordered a mistrial over his objection, the second trial violated the Double Jeopardy Clauses of the United States and Arizona Constitutions. We agree because the mistrial did not result from a "manifest necessity" and was not essential to the ends of public justice. Accordingly, we vacate Dickinson's convictions and remand with instructions to enter a judgment of dismissal.

         FACTS AND PROCEDURAL BACKGROUND

         ¶2 The charges arose from the theft of a high-end mountain bike from a home in Cornville in March 2010, and its sale a few days later by Dickinson on Craigslist. During opening statements in the first trial (which began in August 2013), defense counsel told the jury that the mountain bike Dickinson had sold on Craigslist was not the bike stolen from Cornville, as evidenced by the difference between the serial number for the stolen bike and the serial number on the bike Dickinson sold.

         ¶3 Later, while cross-examining the person who bought the bike from Dickinson, Dickinson's counsel learned that the buyer's wife had recently given Prescott police officers a scrap of paper on which she had written two numbers that the Cornville theft victim told her had been on his mountain bike, one of which the buyer indicated matched a number on the bike he purchased from Dickinson. The buyer's wife apparently had the note for three years before giving it to the police two weeks before trial, and neither the prosecutor nor defense counsel was aware of the contents of the note until the buyer mentioned it during cross-examination.

         ¶4 After a lengthy discussion about possible ways to address the surprise testimony and the lack of timely disclosure of the note, the superior court asked the parties if they wanted a mistrial. Dickinson's counsel initially noted that one possible resolution was a mistrial, which would allow him to start over with a new opening statement and cross-examination "fully appri[s]ed of the evidence." But counsel made clear that he preferred instead to proceed with the same jury, without any further reference to the scrap of paper.

         ¶5 The prosecutor argued that dismissal with prejudice was not appropriate, and suggested that empaneling a new jury was an option, or that alternatively the court could preclude further evidence of the note. The prosecutor concluded by noting that the State "can proceed forward with the exclusion of this evidence. It's not the State's first priority, because all facts should go to the jury. But, however, it's an option for the Court."

         ¶6 After again indicating his preference to go forward with trial, Dickinson's counsel indicated he would not move to strike the surprise testimony, because he believed doing so would emphasize it. Finally, Dickinson's counsel told the court that if it deemed a mistrial necessary, he would seek a dismissal with prejudice.

         ¶7 After the court declared a mistrial, Dickinson's counsel did not file a motion to dismiss with prejudice, and the second trial proceeded six months later, resulting in the convictions detailed above.

         ¶8 The court sentenced Dickinson to a total of 19.5 years in prison, to be served consecutively to a 5-year term imposed on revocation of probation in another case. Dickinson timely appealed, and we have jurisdiction ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.