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675 A.2d 416

State v. Azevedo

Supreme Court of Rhode Island

Decided April 18, 1996

Supreme Court of Rhode Island · decided 1996-04-18

Relies on Abney v. United States

Decided 1996-04-18

¶1ORDER

¶2This criminal matter came before the court on a petition for writ of certiorari wherein *417defendant seeks review of a Superior Court order denying his motion to dismiss a charge of driving under the influence of liquor (§ 31-27-2). Defendant asserts that in light of his prior trial on a related breathalyzer-refusal charge, further criminal prosecution of the DUI charge is barred by the constitutional prohibitions against double jeopardy.

¶3While the pretrial denial of a double jeopardy claim is an appealable order, see Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), we see in defendant’s petition no colorable double jeopardy or collateral estoppel claim, and accordingly we perceive no basis upon which to grant discretionary review in this case.

¶4The petition for writ of certiorari is therefore denied.

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