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Jones v. State

An officer executing a search warrant at the defendant's brother's residence had to physically restrain the defendant from approaching the apartment.

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A jury found Alice Marie Jones guilty of misdemeanor obstruction. Jones appeals, challenging the sufficiency of the evidence. For reasons that follow, we affirm. On appeal, Jones no longer enjoys a presumption of innocence, and the evidence must be viewed favorably to the verdict.1 We do not weigh the evidence or decide witness credibility, but only determine whether the evidence was sufficient to find the defendant guilty beyond a reasonable doubt.2

So viewed, the evidence shows that on March 6, 2002, law enforcement officers executed a search warrant at the residence of Jones’ brother. Deputies Wayne Waldon and Richard Taylor secured the perimeter of the property, including the driveway leading up to the home. During the search, Jones drove up, parked at the end of the driveway, and exited her car. The deputies approached Jones, who asked “what was going on” and whether her brother had been shot. Waldon told her that no one had been shot and that the police were executing a search warrant. Waldon also asked to see Jones’ identification. Ignoring Waldon’s request, Jones pushed him twice and continued towards the residence. Waldon tried to calm Jones down, but she began fighting with him. As he described: “we had a-hold of each other. We was sic wrestling.”

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