Taylor v. State

The defendant's conviction for obstruction of an officer was prohibited since each count of the crime of obstruction was established by proof of the same or less than all the facts required to establish each count of the crime of aggravated assault, for which the defendant was also charged.

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Following a jury trial during which he represented himself, Daniel W. Taylor was convicted of aggravated assault,1 five counts of terroristic threats,2 burglary,3 aggravated assault on a peace officer,4 obstruction of a law enforcement officer,5 removal of a weapon from a public official,6 and stalking.7 Taylor appeals pro se the subsequent denial of his motion for new trial, arguing that the trial court erred by 1 denying his motion to suppress; 2 denying his motion for plea in bar following his speedy trial demand; 3 sentencing him as a recidivist; 4 failing to merge certain charges; 5 engaging in judicial misconduct; 6 admitting false testimony; and 7 failing to give his requested jury charges. Taylor also challenges the sufficiency of the evidence. For the reasons that follow, we vacate Taylor’s conviction for obstruction, affirm on the remaining counts, and remand for resentencing.

Viewed in favor of the verdict,8 the record shows that in early May 2008, Taylor was estranged from his wife, Kassandra Norman, and she took from him the key to her apartment.9 Thereafter, on May 7, 2008, Taylor left multiple threatening voice mails for Norman in which he threatened to kill her. Later that day, Taylor waited outside Norman’s gated apartment complex until he saw her and their two children, crawled under the fence, charged towards her, and began striking her. Taylor grabbed Norman, slammed her to the ground, causing her to strike her head on the pavement, and cut her on her back and neck with a sharp object. Cedric Scott, an apartment maintenance worker, observed the attack, yelled out, and chased Taylor, who fled the scene.

Taylor v. State

The defendant's conviction for obstruction of an officer was prohibited since each count of the crime of obstruction was established by proof of the same or less than all the facts required to establish each count of the crime of aggravated assault, for which the defendant was also charged.

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