State Ex Rel. Baumert v. MUNICIPAL COURT, ETC.

OPINION

OGG, Judge.

In this appeal we must determine if a city magistrate court has subject matter jurisdiction to try a misdemeanor charge of simple assault when the facts disclose that the assault was committed on a police officer in uniform while performing her duties.

The appellee/real party in interest Daniel Saldivar was arrested after he allegedly assaulted Phoenix Police Officer Katherine K. Morgan, who was assisting in the arrest of Saldivar’s friend on a drunk driving charge. The incident was of a minor nature with no blows landed and no injuries. The matter was referred to the…