Patterson v. State
| Decision Date | 03 April 1989 |
| Docket Number | No. A89A0426,A89A0426 |
| Citation | 191 Ga.App. 359,381 S.E.2d 754 |
| Parties | PATTERSON v. The STATE. |
| Court | Georgia Court of Appeals |
Janet G. Scott, Jonesboro, for appellant.
Robert E. Keller, Dist. Atty., Daniel J. Cahill, Jr., Asst. Dist. Atty., for appellee.
Barbara Patterson appeals her convictions of (misdemeanor) obstruction of a law enforcement officer (OCGA § 16-10-24(a)), impersonating an officer, and speeding.
After being stopped for speeding by an officer of the Lake City Police Department, the appellant exited her car and began to approach the police vehicle. The officer testified that he asked the appellant to remain where she was, whereupon she responded with a "verbal tirade" of abusive language and claimed to be an Atlanta police officer. He stated that the appellant continued to refuse to comply with his instructions that she leave the road and return to her car, although, in his opinion her presence in the roadway posed a safety hazard to both of them. He then advised her that she would be arrested for obstructing an officer if she continued to disobey. Several minutes later, the chief of police arrived on the scene in response to the first officer's call for assistance; and the two officers arrested the appellant and removed her from the roadway. At a subsequent bond hearing, the appellant informed the magistrate that she was a City of Atlanta police officer; however, it was shown at trial that she was not actually a police officer, although she was employed by the City of Atlanta Police Department in a civilian capacity as a crime scene technician. Held:
1. The appellant challenges the sufficiency of the evidence to support her conviction of obstructing an officer. The offense is committed by "knowingly and willfully obstruct[ing] or hinder[ing] any law enforcement officer in the lawful discharge of his official duties...." OCGA § 16-10-24(a). "In order to prove obstruction of an officer, there must be some evidence of forcible resistance or opposition to the officer in the performance of his duties." Samples v. State, 151 Ga.App. 179, 259 S.E.2d 178 (1979). Whether the actions of a defendant actually had the effect of hindering or impeding the officer is a decision for the trier of fact. Sapp v. State, 179 Ga.App. 614(1), 347 S.E.2d 354 (1986). We hold that the evidence in the present case was sufficient to enable a rational trier of fact to find the appellant guilty beyond a reasonable doubt of the offense of obstructing an officer. See generally Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, ...
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Turner v. County of Washoe, CV-S-90-706-PMP (LRL).
...§ 199.280, Nev.Rev.Stat. Thus, the offense was complete when Plaintiff disobeyed Deputy Pepper's order. See also, Patterson v. State, 191 Ga.App. 359, 381 S.E.2d 754 (1989) (defendant's refusal to return to his car during a traffic stop amounted to obstructing a policy officer in the perfor......
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State v. Stone
...for driving under the influence when defendant walked inside house and disappeared, ignoring orders to stop); Patterson v. State, 191 Ga.App. 359, 381 S.E.2d 754, 755 (1989) (after being stopped for speeding, driver exited car and refused order to reenter the car; driver was verbally abusiv......
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Duke v. State
...v. State, 202 Ga.App. 54(1), 413 S.E.2d 232 (1991); Cason v. State, 197 Ga.App. 308, 398 S.E.2d 292 (1990); Patterson v. State, 191 Ga.App. 359(1), 381 S.E.2d 754 (1989). To the extent that these or any other cases stand for the proposition that a conviction for misdemeanor obstruction unde......
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Hendrix v. State, A91A2117
...offense of obstructing an officer. See generally Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979)." Patterson v. State, 191 Ga.App. 359, 381 S.E.2d 754. 2. Defendant contends the trial court should have granted a motion for mistrial which was made in the midst of the solic......