SEATTLE v. HESLER

Nos. 48379-5, 48492-9.

98 Wn.2d 73 (1982)

653 P.2d 631

THE CITY OF SEATTLE, Respondent, v. CHARLES F. HESLER, Petitioner. THE STATE OF WASHINGTON, Respondent, v. KEVIN LAJINESS, Appellant.

The Supreme Court of Washington, En Banc.

November 10, 1982.


Attorney(s) appearing for the Case

Mark Leemon of Seattle-King County Public Defender Association, for petitioner.

Kim S. Wakefield of Washington Appellate Defender Association, for appellant.

Douglas N. Jewett, City Attorney, and Rodney Eng, Marilyn Sherron, and Michael Monroe, Assistants, for respondent City of Seattle.

Norm Maleng, Prosecuting Attorney, and Douglas B. Whalley, Senior Deputy, for respondent State.


ROSELLINI, J.

In municipal court, the petitioner Hesler was charged with assault. The offense was committed in 1980 but the complaint was not filed until 1981, after the effective date of the new Rules for Appeal of Decisions of Courts of Limited Jurisdiction. He appealed to the superior court and noted the case for trial, but the court, on motion of the City, ordered that the appeal be heard on the record rather than de novo. We granted discretionary review.

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