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Keywords

jurisdictionappealtrialmotioncriminal proceduremotion to dismiss

jurisdictionappealtrialmotionappelleemotion to dismiss

Related Cases

State ex rel. Baumert v. Municipal Court of City of Phoenix, 124 Ariz. 543, 606 P.2d 33

Facts

On July 8, 1976, Thelma H. Ratliff was charged with four counts of theft by embezzlement in Phoenix Municipal Court. The trial was delayed multiple times, and on May 13, 1977, just one day before the trial, Ratliff filed a motion to dismiss, claiming the issuing magistrate failed to conduct an adequate inquiry into probable cause. The motion was argued on the trial date, and the court granted the dismissal without the State filing a written response.

On July 8, 1976, appellee Thelma H. Ratliff, was charged by complaint in Phoenix Municipal Court of four counts of theft by embezzlement.

Issue

Did the municipal court have subject matter jurisdiction over the offenses charged, and was the motion to dismiss properly considered despite being filed late?

The issues raised on appeal concern the propriety of the Municipal Court Judge's consideration of a motion to dismiss and whether in granting the motion to dismiss the court abused its discretion.

Rule

Under Rule 16.1 of the Arizona Rules of Criminal Procedure, all motions must be made no later than 20 days prior to the trial date, and failure to do so results in preclusion, unless the basis for the motion was not known and could not have been known with reasonable diligence.

By the express terms of Rule 16.1, which specifically apply to criminal proceedings in non-record courts, all motions must be made no later than 20 days prior to the date set for trial.

Analysis

The court analyzed the distinction between subject matter jurisdiction and personal jurisdiction, concluding that the municipal court had subject matter jurisdiction over the charges. The court determined that Ratliff's motion to dismiss was related to personal jurisdiction, which must be raised in a timely manner. Since the motion was filed just one day before trial, it was precluded under Rule 16.1.

In analyzing this issue, the distinction between subject matter and personal jurisdiction must be kept clearly in mind.

Conclusion

The Court of Appeals reversed the municipal court's decision to dismiss the charges against Ratliff, stating that the motion to dismiss was not timely filed and should have been precluded.

Accordingly, we reverse.

Who won?

The State prevailed in the appeal because the Court of Appeals found that the municipal court erred in granting the motion to dismiss due to its untimeliness.

The State thereupon filed a petition for special action in the Superior Court which was denied. This appeal followed.

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