City of Rapid City v. Albertus

This is an appeal from an order of the circuit court affirming a judgment of guilty entered by a law trained magistrate. We reverse and remand.

On February 1, 1979, defendant, Velma Albertus, received a Uniform Complaint-Summons for speeding in violation of a Rapid City traffic ordinance. She appeared without a formal arraignment and requested a trial. The trial before a law trained magistrate resulted in a finding of guilty and an $11 fine, plus costs. * After trial, defendant filed a document captioned “judicial notice,” setting out errors in the original proceedings. Defendant took no…