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Riels v. State

The jury was authorized to find that the defendant used his vehicle as a deadly or offensive weapon when he drove off, despite knowing that a police officer was struggling to pull him from the car.

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Charles Andrew Riels was charged with aggravated assault upon a peace officer OCGA § 16-5-21; obstructing or hindering of a law enforcement officer OCGA § 16-10-24; fleeing or attempting to elude a police officer OCGA § 40-6-395; and criminal damage to property in the second degree OCGA § 16-7-23. Riels entered a plea of guilty to the offense of criminal damage to property in the second degree. Following a jury trial, Riels was found guilty on the remaining counts. Riels appeals from the denial of his motion for new trial. In his sole enumeration of error, Riels contends that the evidence was insufficient to authorize his conviction for the offense of aggravated assault upon a peace officer. Finding no error we affirm.

Viewed in the light most favorable to the verdict,1 the evidence shows that Corporal Michael James Saunders of the Gwinnett County Police Department was on routine patrol in the early morning hours on February 7, 2001, when he received a 911 dispatch relating that someone was breaking into a vending machine at the Chandler Creek Park Subdivision off McKendree Church Road in Gwinnett County. Corporal Saunders proceeded to the subdivision which was about 30 seconds away from his location. As Corporal Saunders slowed to make a left hand turn into the subdivision, he saw a white 1991 Ford Escort Station wagon which did not have its headlights on exit the subdivision at a high rate of speed, running the stop sign at the subdivision entrance.

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