Court of Appeals of Washington May 29, 1985, 6741-2-II (State v. Boldt)

Alexander, J.

The State appeals an order dismissing a third degree assault charge against Edward Christian Boldt "in the interest of justice" pursuant to CrR 8.3(b). We reverse.

Boldt was charged by information with third degree assault, RCW 9A.36.030, arising from his conduct during a lawful arrest for driving while under the influence which occurred at about 12:15 a.m.