People v. Nickerson

Opinion

ROME, J.

Trial court unification and the resulting elimination of the municipal court was authorized by constitutional amendment in 1998. As with all major overhauls of the law, this one created at least one problem. Here, we unravel that issue.

The original complaint in this case included a felony and two misdemeanors. After the preliminary examination, the trial court, acting as magistrate, held defendant to answer only on the two misdemeanors. After the jury convicted defendant of one of the misdemeanors, defendant filed a notice of appeal in the superior court. Because the clerk of…