State v. Nunez
In State v. Nunez, 167 Ariz. 272, 277, 806 P.2d 861, 866 (1991), the Arizona Supreme Court rejected the defendant's claim that collateral estoppel barred a third trial for negligent homicide when he was tried in two previous trials for the same charge and with the same facts. 167 Ariz. at 278, 806 P.2d at 867.
The court determined that no judgment was entered after the two prior trials because the trial court granted the defendant's requests for new trials based on juror misconduct.
Nunez reached its decision by applying the definition of judgment from Arizona Rule of Criminal Procedure 26.1. Id.