STATE OF ARIZONA v. ELIZABETH M. KAY

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. ELIZABETH M. KAY, Appellant. No. 2 CA-CR 2015-0043 Filed September 2, 2015 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24. Appeal from the Superior Court in Pinal County No. S1100CR201302173 The Honorable Bradley M. Soos, Judge APPEAL DISMISSED COUNSEL Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Section Chief Counsel, Phoenix By Tanja K. Kelly, Assistant Attorney General, Tucson Counsel for Appellee Heard Law Firm, Tucson By James L. Heard Counsel for Appellant STATE v. KAY Decision of the Court MEMORANDUM DECISION Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Miller and Judge Espinosa concurred. E C K E R S T R O M, Chief Judge: ¶1 Elizabeth Kay attempts to appeal from the trial court’s order dismissing criminal charges against her without prejudice. Because this is not an appealable order, this case is dismissed. ¶2 “‘The Court of Appeals is a court of limited jurisdiction and has only jurisdiction specifically given to it by statute.’” State v. Eby, 226 Ariz. 179, ¶ 3, 244 P.3d 1177, 1178 (App. 2011), quoting Campbell v. Arnold, 121 Ariz. 370, 371, 590 P.2d 909, 910 (1979). And “‘[w]e are obligated to examine our jurisdiction over an appeal.’” Id., quoting Grand v. Nacchio, 214 Ariz. 9, 12, 147 P.3d 763, 769 (App. 2006) (alteration in Grand). Section 13-4033, A.R.S., expressly limits the orders from which a defendant may appeal. An order of dismissal without prejudice is not appealable under the statute. Id.; see State v. Paris-Sheldon, 214 Ariz. 500, ¶ 23, 154 P.3d 1046, 1054 (App. 2007); Duron v. Fleischman, 156 Ariz. 189, 191, 751 P.2d 39, 41 (App. 1988) (“An order of dismissal without prejudice may not be appealed by a defendant.”). Because we lack jurisdiction over the challenged order, this appeal is dismissed. 2

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