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King v. State

The evidence did not support the defendant's conviction for tampering with evidence, after she allegedly swallowed marijuana during a struggle with officers.

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Following a trial by jury, Shala King was convicted of failure to maintain lane, fleeing and attempting to elude, tampering with evidence, and misdemeanor obstruction. On appeal of these convictions, King argues that 1 the jury instructions failed to give the proper guidelines for determining guilt as to misdemeanor obstruction and 2 the evidence was insufficient as to failure to maintain lane, fleeing and attempting to elude, and tampering with evidence. For the reasons set forth infra, we affirm King’s convictions in part, reverse in part, and remand for resentencing.

Viewed in the light most favorable to the jury’s guilty verdict,1 the record reflects that on the night in question, two Holly Springs police officers were on patrol in a marked vehicle when they saw King’s car make a wide right turn, failing to maintain its lane. They continued to follow King and saw her vehicle drift into the other lane, at which point the officers activated the blue flashing lights on top of the patrol car in an effort to stop King. Nevertheless, King continued driving, passing what were, in the officers’ estimation, many safe places to stop her vehicle. As the patrol car followed behind with blue lights flashing, King made several turns down residential streets, and the officers activated the vehicle’s siren when it became clear that King was not stopping.

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