State v. Rasch

OPINION

TOCI, Judge.

The state appeals the trial court’s dismissal with prejudice of one count of aggravated assault and two counts of criminal damage against William A. Rasch (“defendant”). Defendant asserts that we do not have jurisdiction. We conclude, however, that Rule 31.2, Arizona Rules of Criminal Procedure, provides that the state’s timely filing of a notice of appeal under the wrong cause number does not deprive this court of jurisdiction. See State v. Good, 9 Ariz.App. 388, 392, 452 P.2d 715, 719 (1969). We also conclude that, because the trial court found the prosecutor’s failure to…