Breif- Turner vs. State - TURNER v. THE STATE. A05A0436....

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TURNER v. THE STATE. A05A0436. COURT OF APPEALS OF GEORGIA 274 Ga. App. 731; 618 S.E.2d 607; 2005 Ga. App. LEXIS 700; 2005 Fulton County D. Rep. 2173 July 6, 2005, Decided SUBSEQUENT HISTORY: [***1] Reconsideration denied July 28, 2005 -- Cert. applied for. Writ of certiorari denied Turner v. State, 2006 Ga. LEXIS 47 (Ga., Jan. 17, 2006) PRIOR HISTORY: Disorderly conduct, etc. Hall State Court. Before Judge Wynne. DISPOSITION: Judgment affirmed in part and reversed in part. HEADNOTES: Georgia Advance Headnotes (1) Criminal Law & Procedure. Criminal Offenses. Miscellaneous Offenses. Disorderly Conduct & Disturbing the Peace. Where one offensive word was yelled at a police officer from a passing vehicle, the conduct at issue did not rise to the level of criminal conduct that would constitute "fighting words" under OCGA § 16-11-39 (a) (3). Defendant's conviction for disorderly conduct had to be reversed. (2) Criminal Law & Procedure. Criminal Offenses. Miscellaneous Offenses. Resisting Arrest. Evidence that defendant repeatedly exited his vehicle against an officer's orders to remain seated in the vehicle was sufficient to sustain his conviction for misdemeanor obstruction. COUNSEL: Billy L. Spruell, for appellant. Jerry Rylee, Solicitor-General, Larry A. Baldwin II, Assistant Solicitor-General, for appellee. JUDGES: MILLER, Judge. Andrews, P. J., Smith, P. J., Ellington, Adams and Bernes, JJ., concur. Blackburn, P. J., dissents. OPINIONBY: MILLER
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OPINION: [*731] [**607] Miller, Judge. Convicted of obstruction and disorderly conduct, John Turner appeals. He contends that (1) the indictment was not sufficient to put him on notice of the charges against him, (2) the evidence was insufficient to sustain his convictions, and (3) the trial court erred in denying his motion to suppress. For the following reasons, we reverse Turner's conviction [**608] for disorderly conduct, but affirm his obstruction conviction. 1. Turner challenges the sufficiency of the evidence to sustain his convictions. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State, 234 Ga. App. 633, 634 (1) (507 SE2d 514) (1998). We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the [***2] charged offense beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 S. Ct. 2781, 61 LE2d 560) (1979). So viewed, the evidence showed that an officer had stopped a vehicle for speeding and was speaking with the driver when a truck drove by. As the truck passed, the driver of the truck, Turner, rolled down his window, yelled "you bastards," rolled his window back up, and continued down the road. The officer released the driver of the vehicle he had stopped for speeding. He then got into his patrol car, followed the truck, and initiated a traffic stop. As the officer
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This note was uploaded on 03/30/2011 for the course JRLC 5040 taught by Professor Lee during the Spring '08 term at University of Georgia Athens.

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Breif- Turner vs. State - TURNER v. THE STATE. A05A0436....

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