Opinion
No. 2 CA-CR 2015-0043
09-02-2015
THE STATE OF ARIZONA, Appellee, v. ELIZABETH M. KAY, Appellant.
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
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NOT FOR PUBLICATION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
MEMORANDUM DECISION
Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Miller and Judge Espinosa concurred.
ECKERSTROM, 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.