Hildreth v. State

Defendant's convictions for felony interference with government property and felony obstruction did not merge as a matter of fact since defendant hit a deputy's patrol car three times and each strike could constitute either interference or obstruction.

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Following a guilty plea to felony interference with government property, felony obstruction and hindering of a law enforcement officer, felony fleeing and attempting to elude a law enforcement officer by driving in a reckless manner, misdemeanor obstruction of a law enforcement officer, and misdemeanor driving under the influence of drugs, Reginald Lee Hildreth a/k/a Muwakkil Hildreth appeals his sentencing as a recidivist pursuant to OCGA § 17-10-7 c.1 Hildreth contends that his sentence must be vacated because: 1 trial counsel provided ineffective assistance by failing to try to prevent the State from obtaining a certified copy of an Arkansas felony conviction which would trigger recidivist sentencing under OCGA § 17-10-7 c; 2 the trial court committed plain error by allowing the State to have a continuance to obtain the certified copy of the Arkansas felony conviction; 3 the trial court erred by failing to notify the defendant on the record that he would be sentenced as a recidivist pursuant to OCGA § 17-10-7 c during the sentencing hearing; and 4 the trial court erred by failing to merge the counts of felony interference with government property, felony obstruction and hindering of a law enforcement officer, and fleeing and attempting to elude a law enforcement officer. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, on the evening of December 20, 2000, while under the influence of cocaine, Hildreth led police on a high-speed chase down both secondary streets and the interstate. During the chase and pursuit, Hildreth intentionally rammed into a manned police car driven by Deputy Shaun Browder three times in an attempt to escape. Hildreth was stopped only after police were forced to perform a “pit maneuver” on his car, causing him to crash into a highway median.

Hildreth v. State

Defendant's convictions for felony interference with government property and felony obstruction did not merge as a matter of fact since defendant hit a deputy's patrol car three times and each strike could constitute either interference or obstruction.

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