In State v. Moody, 208 Ariz. 424, 94 P.3d 1119 (2004), the supreme court rejected the defendant's double jeopardy claim, which was based on alleged prosecutorial misconduct, because: (1) the defendant had neither moved for a mistrial when the alleged misconduct occurred nor sought special action relief because of it, and; (2) the defendant had not demonstrated that a mistrial would have been justified by the alleged misconduct even had he requested it. Id. PP21-23.