Jones v. State
Jones v. State
Opinion of the Court
A jury found Alice Marie Jones guilty of misdemeanor obstruction. Jones appeals, challenging the sufficiency of the evidence. For reasons that follow, we affirm.
On appeal, Jones no longer enjoys a presumption of innocence, and the evidence must be viewed favorably to the verdict.
So viewed, the evidence shows that on March 6, 2002, law enforcement officers executed a search warrant at the residence of Jones’ brother. Deputies Wayne Waldon and Richard Taylor secured the perimeter of the property, including the driveway leading up to the home. During the search, Jones drove up, parked at the end of the driveway, and exited her car. The deputies approached Jones, who asked “what was going on” and whether her brother had been shot. Waldon told her that no one had been shot and that the police were
Taylor tried to help Waldon restrain Jones and became “tied up” in the struggle. Deputy Jerome Revels, who saw Waldon and Taylor “in a tussle with somebody,” also tried to assist them. Noting that Jones “was kicking and flailing around,” Revels attempted to subdue her with a Taser gun, but it had no effect. Another officer, Deputy Robert Eunice, observed Waldon and Jones “going around in circles.” Accordingto Eunice, Jones was irate, disorderly, and began to “sling[ ] [Waldon] around like a dish rag.” Eunice finally managed to subdue Jones with a Taser, handcuff her, and place her in a patrol car.
Jones and several other witnesses offered a contrary account of the events. They asserted that the police attacked Jones without provocation. Jones’ husband testified that the family “received a call that one of [Jones’] brothers had been shot,” so he, Jones, their son, and Jones’ mother drove to the brother’s home. According to the husband, the police attacked Jones, then pointed a gun at him when he tried to help her.
Jones was tried under a four-count indictment. Counts 1 and 2 charged her with felony obstruction of a law enforcement officer “by offering and/or doing violence ... by shoving and fighting” with, respectively, Waldon and Taylor.
In her sole claim of error, Jones contends that no rational trier of fact could have found her guilty beyond a reasonable doubt of misdemeanor obstruction after acquitting her on all other charges. Noting that allegations of “shoving and fighting” appear in each count, she argues that the jury’s finding “against the ‘shoving and fighting’in the greater offenses ... negate [d] the manner in which the misdemeanor obstruction was allegedly committed.”
To support this argument, Jones relies exclusively on cases applying the inconsistent verdict rule.
Moreover, the verdicts in this case are not inconsistent. Misdemeanor obstruction requires proof that the defendant knowingly and wilfully obstructed or hindered a law enforcement officer in the lawful discharge of his official duties.
“Even when a jury finds the defendant not guilty of felony obstruction, it may still properly find [her] guilty of misdemeanor obstruction when the elements for the lesser crime have been satisfied.”
Judgment affirmed.
See Wilson v. State, 270 Ga. App. 555, 556 (607 SE2d 197) (2004).
See id.
See OCGA§ 16-10-24 (b).
See OCGA§ 16-10-24 (a).
See Conroy v. State, 231 Ga. 472, 474-475 (202 SE2d 398) (1973); Evans v. State, 138 Ga. App. 620, 621-622 (1) (227 SE2d 448) (1976).
See Milam v. State, 255 Ga. 560, 562 (2) (341 SE2d 216) (1986).
See Oliver v. State, 270 Ga. App. 429, 431 (3) (606 SE2d 874) (2004).
See OCGA§ 16-10-24 (a); Duke v. State, 205 Ga. App. 689 (423 SE2d 427) (1992).
See OCGA§ 16-10-24 (b); Duke, supra at 690.
(Footnote omitted.) Wilson, supra at 556-557.
See id.
Glenn v. State, 269 Ga. App. 412, 415 (604 SE2d 255) (2004).
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