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Taylor v. State

The trial court erred in denying the defendant's motion for a directed verdict on the charge of aggravated battery on a correctional officer because the State failed to establish that the officer the defendant punched in the face was ' "certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35" ', as required under OCGA § 16-5-24 e 1.

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Jeremy Taylor appeals from his convictions of aggravated battery on a correctional officer1 and felony obstruction of a correctional officer.2 On appeal, Taylor argues that the trial court erred by denying his motion for a directed verdict as to aggravated battery of a correctional officer because the State failed to establish evidence that the victim was a correctional officer within the definition of the statute. For the reasons that follow, we reverse and remand with direction.

Viewing the evidence in the light most favorable to the verdict,3 the record shows that on August 22, 2010, while housed at the Bibb County Law Enforcement Center, Taylor and his co-defendant left the showers, passing the cells of other inmates with whom they stood and talked. Officer Jeremy Haddock, who was wearing civilian clothes and had been working at the facility for five months, and Officer Enos Curry approached Taylor and Roberson in order to escort them back to their cells, but Roberson punched Officer Curry in the face. Officer Haddock assisted Officer Curry in forcing Roberson to the ground, when Taylor punched Officer Haddock in the face. Roberson then punched Officer Haddock in the nose, breaking it, and while Haddock was on top of Roberson, Taylor punched Haddock in the face, breaking his jaw. Taylor also hit Officer Curry in the face during the struggle.

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