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West v. State

The defendant refused to leave the roadway in front of a private home, after an officer repeatedly told him to do so.

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A Dawson County jury found Benny Charles West guilty of misdemeanor obstruction of a police officer.1 He appeals, alleging that the State failed to establish venue and challenging the sufficiency of the evidence. For reasons that follow, we affirm. Upon review of an appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.2 “We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.”3

So viewed, the evidence shows that Linda Cartwright visited family in Lumpkin County in the evening of December 20, 2006. As she drove home with her boyfriend and son, she passed a car “sitting” on a one-lane bridge; according to Cartwright, she “had barely enough room to get around between the bridge and the vehicle,” but she “eased on around the other car and went on.” As she continued driving, Cartwright noticed that the vehicle was following her, including after she tried to “bluff” the other driver by making a “really deep U-turn.” Because the vehicle was still following her as she approached her home, Cartwright pulled onto a nearby dirt driveway and turned off her engine. As she watched, the other driver “pulled up just in front of Cartwright’s driveway and sat in the road with his lights on.” Cartwright then quietly exited her vehicle with her son, went to a neighboring house, and called 911.

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