On October 22, 1982, a police officer attempted to stop an automobile driven by the defendant and was successful after a pursuit of several miles. At the time of arrest, the officer discovered in the defendants car a green leafy material that appeared to be marijuana. The officer cited the defendant for misdemeanor possession of marijuana and promptly reported the incident to the prosecuting attorney for a possible felony charge of attempting to elude a pursuing police vehicle. On March 15, 1983, the defendant was tried in Cascade District Court on the misdemeanor charge. The court dismissed the charge for insufficiency of the evidence. On April 1, 1983, the State filed the felony flight charge in superior court. The Superior Court dismissed the charge, holding that the misdemeanor and felony charges should have been joined pursuant to CrR 4.3(c)(3).
