Jenkins v. State

Evidence that the defendant resisted the arresting officer's attempts to handcuff him, ran from him, and failed to comply with the officer's commands to stop, supported his obstruction conviction.

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Following a jury trial, Minion Jenkins was convicted of misdemeanor obstruction of a law enforcement officer.1 Jenkins appeals, challenging the sufficiency of the evidence. We affirm, for the reasons that follow. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.”2

So viewed, the record shows that on December 12, 2009, at approximately 9:00 a.m., a Henry County police officer responded to a residence to investigate a report of an incident involving Jenkins. When the officer arrived, Jenkins was no longer present at the scene, and the officer departed. The officer later returned to the residence at 11:45 a.m. after being advised that Jenkins was on his way back. When the officer observed Jenkins’s vehicle enter the neighborhood, the officer, who was driving a marked police vehicle, executed a traffic stop and asked Jenkins to proceed to the residence. There, the officer spoke to Jenkins briefly and, based on their conversation, advised Jenkins that he intended to place him under arrest for offenses arising out of the earlier incident. The officer was unable to handcuff Jenkins because Jenkins immediately backed away, crying and saying he did not want to go to jail. Although the officer instructed him to stop, Jenkins ran, circled the house, and returned to the front porch of the residence, where he argued with the occupant. The officer gave chase and further ordered Jenkins to stop and get on the ground. When Jenkins failed to comply, the officer again ordered Jenkins to the ground and warned him that he would “tase” him if he refused to do so. Jenkins finally complied, and the officer placed him in handcuffs.

Jenkins v. State

Evidence that the defendant resisted the arresting officer's attempts to handcuff him, ran from him, and failed to comply with the officer's commands to stop, supported his obstruction conviction.

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