Curtis v. State

645 S.E.2d 705, 285 Ga. App. 298, 2007 Fulton County D. Rep. 1528, 2007 Ga. App. LEXIS 491
CourtCourt of Appeals of Georgia
DecidedMay 8, 2007
DocketA07A1038
StatusPublished
Cited by10 cases

This text of 645 S.E.2d 705 (Curtis v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. State, 645 S.E.2d 705, 285 Ga. App. 298, 2007 Fulton County D. Rep. 1528, 2007 Ga. App. LEXIS 491 (Ga. Ct. App. 2007).

Opinion

Blackburn, Presiding Judge.

Following a jury trial, Karen Curtis and her mother (Shirley Curtis) appeal Karen’s misdemeanor conviction for battery on a [299]*299police officer and Shirley’s misdemeanor conviction for obstruction of an officer, which convictions arose out of an incident at the Atlanta airport when an officer was citing Shirley for refusing to move her vehicle from the loading and unloading area. The women complain that the court failed to give certain jury charges and that the evidence fatally varied from the allegations of the accusation. Discerning no error, we affirm.

Construed in favor of the verdict, Short v. State,1 the evidence shows that Karen’s parents drove her to the Atlanta airport to the unloading area and assisted in removing Karen’s baggage from the vehicle. Karen’s mother (Shirley) then sat in the driver’s seat while Karen’s father assisted Karen in transporting the luggage to the waiting line for curbside check-in. He stayed with Karen for some time.

Officer Melody Dunn approached the waiting vehicle and motioned Shirley to move her vehicle on, as the vehicle was not actively involved in loading or unloading as required by posted signs. When Shirley did not move, Officer Dunn explained to her that there was no waiting curbside and that she would need to circle around the airport and return. Shirley protested that she was waiting for someone; Officer Dunn reiterated that she could not wait and would have to move on. Shirley pulled forward a few inches and continued to wait. Officer Dunn approached her again and instructed her a second time that she could not wait curbside. Shirley again pulled forward a short distance and continued to wait. Officer Dunn approached Shirley a third time and, after reminding her she could not wait curbside, asked for her driver’s license. With the driver’s license in hand, Officer Dunn went to the rear of the vehicle to write out a citation and to record the vehicle’s tag information.

Shirley exited the vehicle and approached Officer Dunn, complaining about the citation. A second officer appeared and began speaking with Shirley. Witnessing these circumstances from the waiting line, Karen approached Officer Dunn and began challenging her right to issue a citation to Shirley. Officer Dunn responded that she needed to finish the citation.

Karen then grabbed Officer Dunn by the jacket, resulting in Officer Dunn dropping her ticket book and turning Karen away from her. Karen struggled against the officer, and Shirley then decided to enter the fray, throwing herself between Officer Dunn and Karen and striking Officer Dunn with a closed fist. The second officer intervened and assisted Officer Dunn in arresting Karen and Shirley.

[300]*300Both women were charged with obstructing an officer2 and with committing simple battery on an officer;3 Shirley was also charged with failing to obey an officer4 and with parking in a prohibited area.5 Acquitting them of most charges, a jury found Karen guilty of committing simple battery on an officer and found Shirley guilty of obstructing an officer. Following the denial of their motion for new trial, Karen and Shirley appeal.

1. Karen and Shirley first contend that the court erred in refusing to give their requested written jury charge that one may resist an unlawful arrest with reasonably necessary force. See Jones v. State;6 Smith v. State.7 We hold that as to the obstruction charge, the charge was unnecessary as such was covered by the charge on the elements of the offense. As to the battery charge, Karen testified that she never touched the officer; therefore, she was not entitled to this affirmative defense.

(a) Shirley’s Obstruction Conviction. OCGA § 16-10-24 (a) provides in pertinent part that “a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.” “Consequently, as an essential element of a prosecution for this offense, the State must prove that the officer was in the lawful discharge of his official duties at the time of the obstruction.” Green v. State.8

In the present case, the acts of obstruction committed by Shirley consisted of her attempts to resist Karen’s arrest. If Karen’s arrest itself was unlawful, then Officer Dunn would not have been acting in the lawful discharge of her official duties by attempting to arrest Karen, and Shirley’s resistance to the arrest would not constitute obstruction. Green, supra, 240 Ga. App. at 775 (1). Consequently, under the facts of this case, the State was required to prove the lawfulness of the arrest in order to prove an essential element of the obstruction offense against Shirley. See id.; Brown v. State9 (“a police officer is not discharging his lawful duty when he arrests an individual without reasonable or probable cause”) (emphasis in original).

The trial court here correctly instructed the jury on the essential elements of the offense, charging that “[a] person commits the offense of obstruction of an officer when that person knowingly and wilfully [301]*301obstructs or hinders a law enforcement officer in the lawful discharge of his official duties.” The trial court also instructed the jury that the State had the burden of proving every essential element of the crimes charged beyond a reasonable doubt. An additional instruction on the right to resist an unlawful arrest was unnecessary, since such was already fairly covered by the charge on the elements of the obstruction offense; therefore, the court did not err in refusing to give that additional instruction here. Green, supra, 240 Ga. App. at 776-777 (1). See Long v. State.10

(b) Karen’s Battery Charge. We treat Karen’s battery-on-an-officer charge differently, as the elements of this offense are different. OCGA § 16-5-23 (a) defines simple battery as intentionally making physical contact of an insulting and provoking nature with the person of another. OCGA § 16-5-23 (e) increases the severity of the charge to a high and aggravated misdemeanor if the person commits a simple battery against a police officer engaged in carrying out official duties. Thus, unlike an obstruction charge, the State need not prove that the officer was in the lawful discharge of his official duties, but only that the officer was engaged in carrying out official duties. The element of showing that the arrest being carried out was itself lawful is not required in a battery-on-an-officer charge. Accordingly, a charge of battery on an officer is subject to the affirmative defense that the person was resisting an unlawful arrest. Smith, supra, 84 Ga. App. at 81 (1).

Nevertheless, Karen was not entitled to the charge here. “An affirmative defense is one in which the defendant admits the act but seeks to justify, excuse, or mitigate it.

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Bluebook (online)
645 S.E.2d 705, 285 Ga. App. 298, 2007 Fulton County D. Rep. 1528, 2007 Ga. App. LEXIS 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-state-gactapp-2007.