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SPRONKEN v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 3902.

130 Ariz. 62 (1981)

633 P.2d 1055

John Peter SPRONKEN, Petitioner/Appellee/Cross Appellant, v. CITY COURT OF the CITY OF TUCSON, The Honorable Thomas Welch, Presiding Magistrate; and The State of Arizona, Respondents/Appellants/Cross Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 29, 1981.

Review Denied September 17, 1981.

Attorney(s) appearing for the Case

John A. Wasley, Oracle, for petitioner/appellee/cross appellant.

Frederick S. Dean, Tucson City Atty. by Michael E. Owen, Tucson, for respondents/appellants/cross appellees.

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Gerald R. Grant, Asst. Attys. Gen., Phoenix, for amicus curiae The State of Arizona.

OPINION

HOWARD, Judge.

Appellee was convicted in city court of a class one misdemeanor, assault, resisting arrest and tampering with a motor vehicle.1 Appellee filed a special action in superior court challenging the jurisdiction of the city court to try him on the assault charge and the resisting arrest charge. The superior court held that the city court had jurisdiction of the resisting arrest charge, but not the assault charge...

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