633 P.2d 1055 | Ariz. Ct. App. | 1981
OPINION
Appellee was convicted in city court of a class one misdemeanor, assault, resisting arrest and tampering with a motor vehicle.
As for the jurisdiction of the city court over the offense of resisting arrest, charged as a misdemeanor in the city court, we have held in the case of Calloway v. City Court of City of Tucson, 129 Ariz. 456, 632 P.2d 266 (App.1981), that the city court possesses jurisdiction.
The city court does not have jurisdiction of a misdemeanor assault when the complaint alleges that the assault was committed upon a police officer in the discharge of his duties. City Court, etc. v. State ex rel. Baumert, 115 Ariz. 351, 565 P.2d 531 (App.1977). However, when, as in the instant case, the complaint does not allege that the assault was on a police officer in the discharge of his duties, the city court has jurisdiction even though the victim is a police officer discharging his duties. State ex rel. Baumert v. Municipal Court, etc., 120 Ariz. 341, 585 P.2d 1253 (App.1978). The superior court did not err in holding that appellee was not entitled to a jury trial on the offense of resisting arrest. The offense
The order reversing appellee’s conviction for simple assault is vacated and set aside and the conviction is reinstated. The remainder of the order is affirmed.
. See A.R.S. § 13-1203 and § 13-702(G).