Timberlake v. State
| Decision Date | 19 April 2012 |
| Docket Number | No. A12A0605.,A12A0605. |
| Citation | 315 Ga.App. 693,727 S.E.2d 516,12 FCDR 1497 |
| Parties | TIMBERLAKE v. The STATE. |
| Court | Georgia Court of Appeals |
315 Ga.App. 693
727 S.E.2d 516
12 FCDR 1497
TIMBERLAKE
v.
The STATE.
No. A12A0605.
Court of Appeals of Georgia.
April 19, 2012.
[727 S.E.2d 517]
Benjamin A. Davis Jr., Atlanta, for appellant.
Sherry Boston, Solicitor-General Decatur, Matthew Ciccarelli, Assistant Solicitor-General, for appellee.
MIKELL, Presiding Judge.
[315 Ga.App. 693]After a jury trial, John Paul Timberlake was convicted of one count of misdemeanor obstruction of a law enforcement officer. He appeals, arguing that the evidence was insufficient to show that he hindered the officer from performing his duties, and that the trial court erred in allowing the state's introduction of bad character evidence. For the reasons that follow, we affirm.
“When reviewing a challenge to the sufficiency of the evidence used to support a conviction, we view the evidence in the light most favorable to the jury's verdict, and the defendant no longer enjoys the presumption of innocence.” 1 We determine only whether the evidence was sufficient to find the defendant guilty beyond a reasonable doubt, and do not weigh evidence or determine witness credibility.2
Timberlake was pro se at trial, and did not testify or present evidence. Viewed in the light most favorable to the verdict, the evidence reflects that while on patrol, Officer Antoine Acker of the Decatur Police Department stopped a vehicle because it had no license tag. The entire traffic stop was recorded on the patrol car's video equipment, and the video was admitted into evidence and played for the jury. The video shows Acker approaching the driver's [315 Ga.App. 694]side of the vehicle and asking the driver for his license, registration, bill of sale, and date of purchase of the vehicle. Acker asked about the date of purchase because a driver has 30 days from the date of purchase to register a vehicle. Timberlake, the sole passenger in the vehicle, told the officer that the car belonged to him, and began arguing with the officer about why the officer needed the paperwork. He did not give the officer the paperwork. After the officer returned to his patrol car, Timberlake got out of his vehicle, paperwork in hand, and stood in the roadway next to the officer's window. The officer politely and repeatedly asked Timberlake to step out of the roadway for his own safety and to go to his own vehicle. Timberlake, after ignoring the officer's requests and arguing with the officer, finally moved to the opposite side of the officer's car, but did not return to his own vehicle as requested. In response to Timberlake's questions about why he needed to return to his own vehicle, the officer said, “ I don't know if you have a weapon or anything on you.” Timberlake then said he was going to “strip” and began removing his clothing, over the officer's objections, saying, “I'm going to take off the shirt ... I could be carrying a weapon ... [I will] prove I don't have a weapon,” and continued to argue with the officer until the officer...
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...each case, from which the jury must determine whether the elements of the crime are satisfied. See generally Timberlake v. State , 315 Ga. App. 693, 695 (1), 727 S.E.2d 516 (2012) ("We have held that argument and stubborn obstinance are all examples of conduct that may satisfy the obstructi......
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