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Mayfield v. State11/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Jerome Mayfield appeals from the judgment of conviction entered on jury verdicts finding him guilty of one count of making a terroristic threat, two counts of felony obstruction of a law enforcement officer, one count of misdemeanor obstruction of a law enforcement officer, and one count of driving a motor vehicle with a suspended license. For the following reasons, we find no merit to the errors enumerated on appeal and affirm.
1. In his first four enumerations of error, Mayfield claims that the guilty verdicts were not supported by sufficient evidence and were against the weight of the evidence.
The State presented the following evidence: Georgia State Patrol Officer Brian Roberts received a broadcast alerting him to be on the lookout for a possible impaired driver in a blue Chevrolet pickup truck. Officer Roberts spotted a vehicle and driver matching the description given in the broadcast, followed the vehicle for a short distance, and eventually stopped the vehicle to investigate the impaired driver report and because he observed that the vehicle had a broken windshield. The driver, who was identified as Mayfield, could not produce a driver's license, and the officer's check on the status of Mayfield's license revealed that it was suspended. The officer observed that Mayfield had slurred speech and a strong odor of alcohol, and he asked Mayfield to perform field sobriety tests. Mayfield consented to take the tests but then refused to follow the officer's directions and began to display aggressive behavior. When the officer decided to place Mayfield under arrest for driving under the influence and driving with a broken windshield, Mayfield resisted and fled from the scene on foot, ignoring the officer's commands to stop. At that point, a local Deputy Sheriff, Johnny Bannister, who arrived at the scene of the stop, helped Officer Roberts chase and apprehend Mayfield. When the officers caught up to Mayfield, he aggressively came toward Officer Roberts, who sprayed Mayfield twice with pepper spray and finally had to pull his service revolver and point it at Mayfield to stop him. Mayfield then violently struggled with Officers Roberts and Bannister as they attempted to place him in the patrol car, at one point kicking Officer Roberts in the groin. Officer Roberts and an employee at the detention center where Mayfield was taken testified that, when Mayfield arrived at the detention center, he threatened to kill Officer Roberts.
The evidence was sufficient for a rational trier of fact to find Mayfield guilty beyond a reasonable doubt of: (1) misdemeanor obstruction of a law enforcement officer in violation of OCGA § 16-10-24 (a) by fleeing when Officer Roberts first attempted to place him under arrest; (2) felony obstruction of a law enforcement officer in violation of OCGA § 16-10-24 (b) by kicking Officer Roberts in the groin while the officer was placing him under arrest; (3) felony obstruction of a law enforcement officer in violation of OCGA § 16-10-24 (b) by violently struggling with Officer Bannister while the officer was placing him under arrest; (4) making a terroristic threat against Officer Roberts in violation of OCGA § 16-11-37 (a) by threatening to kill the officer, and (5) driving a motor vehicle with a suspended license in violation of OCGA § 40-5-121. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. We find no merit to Mayfield's claim that the trial court erred by failing to give an instruction to the jury, sua sponte, on the defense of justified use of force in self-defense. Mayfield did not request this charge, and because it was not his sole defense, the trial court was not
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