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CITY COURT, ETC. v. STATE EX REL. BAUMERT

No. 1 CA-CIV 3660.

115 Ariz. 351 (1977)

565 P.2d 531

The CITY COURT OF the CITY OF PHOENIX, Arizona, and the Honorable Richard Garcia, Judge of the City Court of Phoenix, the Honorable Rodger Golston, Presiding Judge of the City Court of Phoenix, and Brian Freeman, Defendant and Real Party In Interest, Appellants, v. The STATE of Arizona ex rel. Andy BAUMERT, Acting Phoenix City Attorney, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

May 31, 1977.

Attorney(s) appearing for the Case

Ross P. Lee, Maricopa County Public Defender by Robert A. Colosi, Michael A. Edwards, Richard I. Mesh, Deputy Public Defenders, Phoenix, for appellants.

Andy Baumert, City Atty. by Sandra K. McGee, Steven A. LaMar, Asst. City Prosecutors, Phoenix, for appellee.

NELSON, Presiding Judge.

On April 28, 1976, a criminal complaint charging Brian Freeman with aggravated battery against a police officer was filed in Phoenix City Court. Following Freeman's arraignment, the court dismissed the complaint on the ground that it lacked subject matter jurisdiction over the charge. Thereafter the Phoenix City Attorney's office filed a special action in Maricopa County Superior Court seeking a determination that the city court had jurisdiction...

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