State v. Sarria

Summary

The court held that the Court of Appeals improperly affirmed on a procedural ground first raised on appeal because the defendant could have developed a materially different record had that ground been raised below. It reached the merits and held that a criminal citation supporting a failure-to-appear charge must be issued and served by a peace officer; a court may authorize that process but may not issue the citation itself. The conviction in 21CR41830 was left undisturbed, while the failure-to-appear conviction in 22CR24774 was reversed and remanded for further proceedings.