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Mai v. State

The officer was lawfully discharging his duties in response to a 911 call about defendant's friend when defendant hit the officer in the face.

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Tam Thanh Mai was charged with the offenses of obstruction of a law enforcement officer, maintaining a disorderly house, simple battery in that he intentionally made physical contact of an insulting and provoking nature with Officer M. S. Waddell OCGA § 16-5-23 a 1, and simple battery in that he intentionally caused physical harm to Officer M. S. Waddell OCGA § 16-5-23 a 2. The charge of maintaining a disorderly house was nol prossed prior to trial. After a jury trial, Mai was found guilty of the offenses of obstruction of a law enforcement officer and simple battery OCGA § 16-5-23 a 1 and not guilty of simple battery OCGA § 16-5-23 a 2. Mai appeals from the judgment of conviction and the sentence entered thereon. Finding no error, we affirm.

In the light most favorable to the verdict,1 the evidence shows that on December 2, 2000, My Nguyen hosted a going away party for Mai at his home. During the late night hours and early morning hours of December 2, and December 3, 2000, Nguyen’s next door neighbor, who was recovering from back surgery, twice went to Nguyen’s house and requested that they turn down the music because he could hear it inside his bedroom. The neighbor testified that it was “loud thundering music coming off my wall.” The neighbor further testified that each time, Mai answered the door and, at his request to turn down the music, shut the door in his face without responding. The neighbor called 911, and Officer Mike Waddell of the Gwinnett County Police Department responded to the call.

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