Imperial v. State
| Decision Date | 01 September 1995 |
| Docket Number | No. A95A1763,A95A1763 |
| Citation | 461 S.E.2d 596,218 Ga.App. 440 |
| Parties | IMPERIAL v. The STATE. |
| Court | Georgia Court of Appeals |
James F. Council, Jr., Valdosta, for appellant.
Richard W. Shelton, Solicitor, Barham & Dover, William W. Broadfoot III, Valdosta, for appellee.
Defendant was charged in an accusation with misdemeanor obstruction of a law enforcement officer, "by refusing to obey orders and refusing to cooperate, thus disrupting said agent's operation." He was also charged with carrying a concealed weapon. The evidence adduced at his jury trial showed that on October 28, 1994, defendant attended a Halloween party at the home of Marta Toal. That same night, Special Agent Jeff Fountain of the Lowndes-Valdosta-Brooks Drug Task Force and others executed a "no-knock" search warrant for 2235 Horace Avenue, which is "a dark brown double-wide trailer with cream colored trim," looking for marijuana. He "knew that both of [the] people that owned the residence were convicted drug dealers." Special Agent Fountain exited his vehicle, yelling The number of people present Special Agent Fountain explained that persons at the scene of a drug investigation are ordered to get on the ground for their own safety. As Special Agent Fountain Special Agent Fountain was emphatic that defendant "was not thrown to the ground." Special Agent Fountain used only "the force necessary to get him on the ground for his protection and ours." Defendant commented, " In his defense, defendant testified that he did not immediately jump to the ground when ordered because he thought the whole situation "was a joke."
The jury acquitted defendant of the weapons charge but found him guilty on the charge of obstruction of a law enforcement officer. From the judgment of conviction for misdemeanor obstruction of a law enforcement officer, defendant brings this direct appeal. Held:
In two related enumerations, defendant challenges the sufficiency of the evidence to sustain his conviction. He argues that there was only a mere verbal encounter without the necessary show (or offer) of violence, relying on the whole court decision of Moccia v. State, 174 Ga.App. 764, 331 S.E.2d 99. Such reliance is misplaced, for Moccia was decided before the enactment of Ga.L.1986, p. 484, which struck former OCGA § 16-10-24 in its entirety and replaced it with existing OCGA § 16-10-24. Duke...
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Hutzel v. State
...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).2. Hutzel contends that the trial court erred by denying his constitutional challenge to OCGA § 16-11-38.The Supr......
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West v. State
...Ga.App. at 42(2), 648 S.E.2d 656. 22. See id. 23. See Coley, 178 Ga.App. at 668, 344 S.E.2d 490. 24. Id. 25. See Imperial v. State, 218 Ga.App. 440, 441, 461 S.E.2d 596 (1995). 26. See id.; OCGA § 27. London v. State, 289 Ga.App. 17, 20(2), 656 S.E.2d 180 (2007). in the lawful discharge of ......
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Arsenault v. State, A02A1448.
...lawful commands of an officer who is seeking to protect his safety will sustain a conviction under this statute. Imperial v. State, 218 Ga.App. 440, 441, 461 S.E.2d 596 (1995). Officers are authorized, for their own safety, to request that an individual remain in the car until their investi......
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Stryker v. State
...of violence as does the offense of felony obstruction under existing OCGA § 16-10-24(b)." (Citations omitted.) Imperial v. State, 218 Ga.App. 440, 441, 461 S.E.2d 596 (1995). See also Larkin v. State, 230 Ga.App. 129, 130(1), 495 S.E.2d 605 (1998); Carter v. State, 222 Ga.App. 397, 398(1), ......