State v. Marshall

John R. Marshall appeals his conviction for resisting arrest. The primary issue presented is whether the dismissal of a misdemeanor charge filed in municipal court precludes a later conviction on the same charge as a lesser included offense to a felony charge in superior court. An issue is also raised with respect to whether Mr. Marshall received a speedy trial. We affirm.

On April 22, 1982, Mr. Marshall was charged in municipal court with resisting arrest, a misdemeanor. On the same day he made his first appearance and trial was set for May 13, 1982. On April 23 an information was filed in…