Lemarr v. State, 76728

• Decision Date: 09 September 1988
• Docket Number: No. 76728,76728
• Parties: LEMARR v. The STATE.
• Court: Georgia Court of Appeals

Page 58

373 S.E.2d 58

188 Ga.App. 352

LEMARR v. The STATE.

No. 76728.

Court of Appeals of Georgia.

Sept. 9, 1988.

Gary Lemarr, pro se.

Richard A. Malone, Dist. Atty., W. Steven Askew, Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

Defendant Lemarr brings an appeal pro se from his conviction of two counts of terroristic threats and two counts of obstruction of an officer. Held:

1. Defendant contends that his convictions and sentence violated the constitutional prohibitions against double jeopardy and cruel and unusual punishment because each of the four charges resulted from the same alleged criminal transaction. The evidence showed that two uniformed deputy sheriffs were dispatched to serve a warrant on defendant for criminal trespass. When they located defendant and attempted to serve the warrant, defendant snatched it from the hands of one deputy and started to run. The second deputy grabbed him and defendant hit him in the ribs and stomach with his fist and elbow, and ran from the house. The first deputy caught him and they both fell to the ground, whereupon defendant kicked this deputy in the ribs. It took both deputies to subdue and handcuff defendant and put him in their patrol car. While he was being arrested and transported to jail, defendant continuously cursed and threatened to kill both deputies and burn down their homes.

"A person commits the offense of a terroristic threat when he threatens to commit any crime of violence or to burn or damage property with the purpose of terrorizing another ..." OCGA § 16-11-37(a). The offense of obstructing a law enforcement officer is committed when one "knowingly and willfully resists, obstructs, or opposes any law enforcement officer ... in the lawful discharge of his official duties by offering or doing violence to the person of such officer ..." OCGA § 16-10-24(b). " '(T)he crime of terroristic threats focuses solely on the conduct of the accused and is completed when the threat is communicated to the victim with the intent to terrorize.' [Cit.]" McQueen v. State, 184 Ga.App. 630, 631(2), 362 S.E.2d 436 (1987). Obstruction of an officer requires proof of different elements not included in terroristic threats, to wit, "there must be some evidence of forcible resistance or objection to the officer (not mere argument) in the performance of his duties. [Cit.]" Kelley v. State, 171 Ga.App. 222, 223, 319 S.E.2d 81 (1984). "The crimes are mutually independent and each is aimed at prohibiting specific conduct. [Cit.]" Echols v. State, 134 Ga.App. 216, 218(4), 213 S.E.2d 907 (1975). This enumeration is without merit.

2. Next, defendant asserts that he "was denied effective assistance of cou...