Drew v. State

Full title: DREW v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 19, 1994

440 S.E.2d 82 (Ga. Ct. App. 1994)

440 S.E.2d 82

Opinion

A94A0198.

DECIDED JANUARY 19, 1994.

Obstruction of officer. Cobb Superior Court. Before Judge Flournoy.

Robert S. Devins, for appellant.

Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

Defendant Drew appeals his conviction of two counts of felony obstruction of a law enforcement officer. Held:

The sole enumeration of error maintains that the trial court erred in failing to charge the jury, or defense counsel was ineffective in failing to request a charge to the jury, on the lesser included offense of misdemeanor obstruction of a law enforcement officer. The misdemeanor obstruction offense does not contain the element of "violence" as does the felony offense. Williams v. State, 196 Ga. App. 154, 156 (1) ( 395 S.E.2d 399). However, under the evidence presented at trial any obstruction of the officers was by means of "violence," and defendant was either guilty of the felony or innocent of any crime. Under these circumstances the trial court did not err in refusing to charge on misdemeanor obstruction and defense counsel was not remiss in failing to request such a charge. Coker v. State, 207 Ga. App. 482, 484 (4) ( 428 S.E.2d 578); Dickerson v. State, 207 Ga. App. 241 (1) ( 427 S.E.2d 591); Hogan v. State, 205 Ga. App. 637, 638 (2) ( 423 S.E.2d 47); Love v. State, 194 Ga. App. 601, 603 (4) ( 391 S.E.2d 447).

Judgment affirmed. Pope, C. J., and Smith, J., concur.

DECIDED JANUARY 19, 1994.