ARS 13-107(G) Interpretation
In Johnson v. Tucson City Court, 156 Ariz. 284, 751 P.2d 600 (App. 1988) the Court interpreted former 13-107(F), now (G); 1997 Ariz. Sess. Laws, ch. 135, 1).
Section 13-107(G) provides:
If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal.
In Johnson, a defendant's charges were dismissed without prejudice after the limitations period had expired. the state then refiled the charges within six months of the dismissal. for reasons relating to an appeal that the state initially pursued but then abandoned, the charges were again dismissed without prejudice. the state later refiled the charges, but still within six months of the original dismissal. This court held that 13-107(G) permits the state to again refile a case after it has been dismissed twice, "so long as it is accomplished within the six-month time frame triggered by the initial dismissal without prejudice." 156 Ariz. at 286, 751 P.2d at 602.