A Clayton County jury found Sandra Lee McMullen guilty of felony obstruction of a law enforcement officer1 Count 1 and simple battery on a law enforcement officer2 Count 2. The trial court merged Count 2 into Count 1 and sentenced her to three years. McMullen appeals the trial court’s subsequent denial of her motion for new trial, challenging the sufficiency of the evidence and arguing that the trial court erred by failing to sentence her on the misdemeanor offense Count 2 instead of the felony offense Count 1 based on the rule of lenity. We affirm for the reasons that follow.
Viewed in favor of the verdict,3 the evidence shows that on December 24, 2011, McMullen called 911 when her son, Dexter Slaton, began exhibiting what she believed to be signs of a nervous breakdown.4 Officer Dennard arrived approximately ten minutes after the initial officer on the scene, Officer Caloma, arrived. Slaton, who was seated at the table, stated, “oh, there goes a black officer. I don’t even know why you brought him.” Slaton was agitated and belligerent, and he was yelling at Officer Caloma. Officer Caloma asked Slaton for his name, and Slaton responded, “Aubrey.” McMullen corrected him, and she and Slaton began to argue. Officer Dennard then instructed Slaton to let McMullen speak, and Slaton pointed his right hand at the officer, balling up his left hand and stating, “I’m a grown ass man, you can’t say s—t to me. . . . If you touch me, my mom __is__ going to f—k __you__ up.” Officer Dennard approached Slaton, who stood up, cocked his left fist, and began rolling his shoulders back. In an effort to avoid being hit, Officer Dennard grabbed Slaton, used a “straight-arm bar hold, and took him to the ground.” Slaton attempted to spit on Officer Dennard, who then placed his hand on the back of Slaton’s neck. At this point, McMullen jumped on the officer’s back, put her hands around his neck, and began choking him. Officer Dennard released Slaton, and as he secured McMullen, she struck him twice in the face and once in the neck, knocking off his radio. Officer Dennard then struck McMullen and secured her hands.
