Calloway v. City Court

OPINION

HOWARD, Judge.

The issue to be determined on appeal is whether the city court has jurisdiction to try a defendant for resisting arrest, a misdemeanor. Appellee was charged in the city court with, inter alia, resisting arrest in violation of A.R.S. § 13-2508, deemed a misdemeanor after the county attorney declined to prosecute the offense as a felony.1 He filed a special action in superior court challenging the city court’s jurisdiction of the offense after failing to get relief from the city magistrate.

Relying on Bruce v. State, 126 Ariz. 271, 614 P.2d 813 (1980), the trial court held…