Sergio F. Estrada appeals following his conviction by a jury of felony obstruction of a law enforcement officer, giving a false name, driving with a suspended license, brake light violation, and improper lane change. Estrada appeals only the felony obstruction of a law enforcement officer conviction, arguing there was insufficient evidence to support it. Estrada also argues that the sentence entered on this conviction was clearly erroneous and must be corrected. After reviewing the record, we conclude that there was sufficient evidence to support the conviction and we affirm the conviction. However, as the trial court imposed an illegal sentence, we vacate the sentence and remand for resentencing. 1. In his first enumeration of error, Estrada challenges the legal sufficiency of the evidence to support a conviction for felony obstruction of a law enforcement officer. On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses. As long as there is some evidence, even though contradicted, to support each necessary element of the State’s case, the verdict will be upheld. Moore v. State , 254 Ga. App. 134 561 SE2d 454 2002.
So construed, the evidence at trial was that on December 6, 2002, Georgia State Patrol Trooper Griffin stopped Estrada’s car after observing it had a defective brake light and a possibly defective turn signal. When Trooper Griffin asked Estrada for his name and license, Estrada told her he did not have his license and supplied her with a false name —Gaumiial Mendes. As Trooper Griffin was checking this name back at her car, she observed Estrada get out of his car and run. After radioing the post, Trooper Griffin began chasing Estrada and caught him in a driveway next to a restaurant. Estrada struggled with Trooper Griffin and tried to kick her off of him while yelling, “I can’t go to jail.” When Trooper Griffin attempted to place handcuffs on Estrada, he broke away and started swinging at her when she grabbed onto his jacket. Trooper Griffin then released the jacket to avoid being struck and Estrada again fled before being apprehended by Trooper Bell. Estrada similarly did not voluntarily place his arms behind his back as directed by Trooper Bell, who was forced to apply a wrist lock before securing Estrada.
