Hutzel v. State
Decision Date | 19 May 2021 |
Docket Number | A21A0209 |
Citation | 359 Ga.App. 493,859 S.E.2d 495 |
Court | Georgia Court of Appeals |
Parties | HUTZEL v. The STATE. |
Drago Cepar Jr., for Appellant.
Sandra Nadeau Wisenbaker, Solicitor-General, Alaina Sullivan Granade, Assistant Solicitor-General, for Appellee.
Caplan Cobb, Julia B. Stone, Sarah A. Brewerton-Palmer, amici curiae.
Following a jury trial, Alan Hutzel was convicted of wearing a mask to conceal identity1 and obstruction of an officer.2 On appeal, Hutzel contends that the trial court erred by denying his motion for directed verdict, denying his constitutional challenge to OCGA § 16-11-38, denying his special demurrer, and denying his two motions in limine. For the following reasons, we affirm.
On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury's verdict, and the defendant no longer enjoys a presumption of innocence. We do not weigh the evidence or judge the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the defendant guilty of the crimes beyond a reasonable doubt in accordance with the standard set forth in Jackson v. Virginia , 443 U. S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
(Citation and punctuation omitted.) Johnson v. State , 340 Ga. App. 429, 430, 797 S.E.2d 666 (2017).
So viewed, the record shows that in April 2018 there was a planned rally for the National Socialist Movement ("NSM") in the City of Newnan ("the City"). The NSM group applied for and received a permit for the rally from the City, and a law enforcement officer testified that officers "prepared months in advance" for both the NSM3 protestors and anticipated counter-protestors from potential Antifa4 groups. A law enforcement officer testified that both groups were known for violence.
On the day of the rally, law enforcement officers encountered a group of counter-protestors gathered at an intersection of a public roadway. The counter-protestors were "singing, chanting, beating on a drum." A law enforcement officer observed that multiple individuals in the crowd were masked. Some of the counter-protestors were wearing backpacks, and at least one protestor was outfitted with a make-shift shield containing an Antifa symbol and protruding screws.
A law enforcement officer testified that he instructed the masked protestors to remove their masks. The officer further testified that The counter-protestors were chanting, " ‘F --- the police,’ as they, you know, shot us the bird, people calling us Nazis and stuff like that." They also began to "act[ ] in concert with one another to help shield these individuals who wore masks in the group."
Hutzel was one of the masked counter-protestors. Hutzel failed to comply with law enforcement officers’ orders to remove to his mask, and he was ultimately arrested. The law enforcement officer who arrested Hutzel testified that Hutzel testified that law enforcement officers instructed him to remove his mask and that he refused to comply with that instruction. Hutzel also admitted that he interlocked his arms with other counter-protestors as officers approached him.
Hutzel was initially charged in an accusation with wearing a mask to conceal identity. After Hutzel filed a demurrer, the State amended the accusation by including an allegation in the wearing a mask to conceal identity count and adding a misdemeanor obstruction of an officer count. Hutzel was convicted on both counts.5
The standard of review for the denial of a motion for directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction. Under that standard we view the evidence in the light most favorable to the jury's verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. A directed verdict of acquittal should be granted only where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal. OCGA § 17-9-1. In reviewing the denial of a motion for a directed verdict made at the close of the State's case, an appellate court considers not only the evidence produced in the State's case-in-chief, but also any evidence introduced subsequent to the motion by the defense.
(Citation and punctuation omitted.) Sledge v. State , 312 Ga. App. 97, 98 (1), 717 S.E.2d 682 (2011).
See OCGA § 16-11-38 (a) ()6
Our Supreme Court has held that to obtain a conviction under OCGA § 16-11-38 (a), the State must show "that the mask-wearer (1) intended to conceal his identity, and (2) either intended to threaten, intimidate, or provoke the apprehension of violence, or acted with reckless disregard for the consequences of his conduct or a heedless indifference to the rights and safety of others, with reasonable foresight that injury would probably result." Daniels v. State , 264 Ga. 460, 464 (2) (b), 448 S.E.2d 185 (1994).
Here, the evidence showed that Hutzel was masked and his arms were interlocked with a group of counter-protestors who were shouting obscenities, chanting anti-police slogans, and banging a drum. A law enforcement officer testified that Hutzel The officer further testified that it seemed that the group was "trying to get around behind us ... as if to encircle us" and that he was afraid of the group. Hutzel testified that he was wearing the mask solely to protect his identity, but it is the jurors’ role to determine witness credibility and they were free to reject Hutzel's testimony. See Slaughter v. State , 278 Ga. 896, 896, 608 S.E.2d 227 (2005). Accordingly, the facts were sufficient to permit the jury to determine beyond a reasonable doubt that Hutzel intended to threaten, intimidate, or provoke the apprehension of violence, or acted with reckless disregard for the consequences of his conduct or a heedless indifference to the rights and safety of others, with reasonable foresight that injury would probably result. See In the Interest of I. M. W. , 313 Ga. App. 624, 626-627 (1) (a), 722 S.E.2d 586 (2012).7
The accusation charged that Hutzel "did knowingly and willfully hinder ... a law enforcement officer ... in the lawful discharge of his official duties by failing to remove a mask upon a request to do so by a uniformed officer." See OCGA § 16-10-24 (a) ( ). "Refusing to obey lawful commands of an officer who is seeking to protect his safety will sustain a conviction under this statute." Arsenault v. State , 257 Ga. App. 456, 457 (1) (a), 571 S.E.2d 456 (2002).
The law enforcement officer testified that Hutzel's arms were interlocked with a group of counter-protestors who were behaving violently and that he was intimidated by the group. Hutzel admitted that he refused to comply with the officers’ request to pull down or remove his mask. Accordingly, the evidence was sufficient to sustain his conviction. See Arsenault , 257 Ga. App. at 457 (1) (a), 571 S.E.2d 456 ; Imperial v. State , 218 Ga. App. 440, 440, 461 S.E.2d 596 (1995).
The Supreme Court of Georgia's order transferring this case to this Court it stated:
[The Supreme Court of Georgia] has previously rejected a facial constitutional challenge to the statute, see State v. Miller , 260 Ga. 669, 398 S.E.2d 547 (1990), and addressed the standard for conviction under the statute, see Daniels v. State , 264 Ga. 460, 448 S.E.2d 185 (1994). And [Hutzel's] constitutional arguments seek merely to challenge the correctness of those decisions.
Hutzel v. State, (S20A1257 (August 10, 2020).
Accordingly, because OCGA § 16-11-38 has survived a constitutional challenge, this claim has no merit.
See OCGA § 16-11-38 (a) (...
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...any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Hutzel v. State , 359 Ga. App. 493, 499 (1), 859 S.E.2d 495 (2021) (citation and punctuation omitted). Given Williams's confession, which the robbery victims substantially corroborated......
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Williams v. State
... ... conviction. Under that standard we view the evidence in the ... light most favorable to the jury's verdict and determine ... whether any rational trier of fact could have found the ... essential elements of the crime beyond a reasonable doubt ... Hutzel v. State, 359 Ga.App. 493, 499 (1) (859 ... S.E.2d 495) (2021) (citation and punctuation omitted). Given ... Williams's confession, which the robbery victims ... substantially corroborated, the evidence presented was ... sufficient to sustain his conviction. Accordingly, he ... ...