State v. Brockway

¶1 This is an appeal by the State from an Order of the District Court for the Sixth Judicial District, Park County, granting John Brockway’s Motion to Sever two counts of misdemeanor Partner or Family Member Assault from two counts of felony Partner or Family Member Assault. We reverse and remand for further proceedings consistent with this Opinion.

¶2 We address the following issue on appeal: Whether the District Court erred in concluding that it lacked jurisdiction to try Brockway for Partner or Family Member Assault.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On May 7,2003, the State charged…