State v. Dolman

This case presents the question of whether a prosecutor can charge a misdemeanor by an information in superior court after an accused has complied with a lawfully issued citation and notice to appear in district court upon a charge for the same offense. We agree with the trial court that even if the citation and notice to appear were not formally filed in district court, prosecution in superior court is barred.

The undisputed facts are as follows: On October 2, 1976, defendant William T. Dolman was charged with the violation of a commercial fishing regulation. As authorized by JCrR 2.01(b)(1),…