No. 2 CA-CIV 3906.

129 Ariz. 456 (1981)

632 P.2d 266

Bryant Delany CALLOWAY, Petitioner/Appellee, v. CITY COURT OF the CITY OF TUCSON, Pima County, Arizona, The Honorable Frederic J. Dardis, Magistrate, and The City Attorney, Real Party in Interest, Respondents/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 29, 1981.

Attorney(s) appearing for the Case

Richard F. Wheeler, Tucson, for petitioner/appellee.

Frederick S. Dean, Tucson City Atty., by Janice H. Lahr and Michael E. Owen, Tucson, for respondents/appellants.

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Gerald R. Grant, Asst. Atty. Gen., Phoenix, for amicus curiae The State of Arizona.


HOWARD, Judge.

The issue to be determined on appeal is whether the city court has jurisdiction to try a defendant for resisting arrest, a misdemeanor. Appellee was charged in the city court with, inter alia, resisting arrest in violation of A.R.S. § 13-2508, deemed a misdemeanor after the county attorney declined to prosecute the offense as a felony.1 He filed a special action in superior court challenging the city...

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