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

No. 1 CA-CIV 4098.

120 Ariz. 341 (1978)

585 P.2d 1253

The STATE of Arizona ex rel. Andy BAUMERT, Phoenix City Attorney, Appellant, v. The MUNICIPAL COURT OF the CITY OF PHOENIX, Arizona, and The Honorable Daniel Nastro, Judge thereof, and Daniel Saldivar, Defendant and Real Party in Interest, Appellees.

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

October 19, 1978.

Attorney(s) appearing for the Case

Michael K. Carroll, Asst. City Atty., Phoenix, for appellant.

Ross P. Lee, Maricopa County Public Defender, Richard I. Mesh, Deputy Public Defender, Phoenix, for appellees.

OPINION

OGG, Judge.

In this appeal we must determine if a city magistrate court has subject matter jurisdiction to try a misdemeanor charge of simple assault when the facts disclose that the assault was committed on a police officer in uniform while performing her duties.

The appellee/real party in interest Daniel Saldivar was arrested after he allegedly assaulted Phoenix Police Officer Katherine K. Morgan, who was assisting in the arrest of Saldivar...

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