X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Christopher Tucker guilty of aggravated assault upon a peace officer, possession of a firearm by a convicted felon, and several traffic offenses. The jury failed to reach a verdict on charges of possession of a firearm during the commission of a crime and possession of cocaine. Tucker appeals, arguing that the evidence was not sufficient to support the conviction of aggravated assault upon a peace officer, evidence of a prior cocaine possession conviction should not have been admitted, and he was denied effective assistance of trial counsel. Because each of the enumerations is without merit, we affirm his convictions.

On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict.1 So viewed, the evidence shows that a police officer was following Tucker’s car when he noticed that the taillight on Tucker’s car was broken. The officer activated the patrol car’s emergency lights, but Tucker did not stop. Instead, Tucker continued driving, making several turns, until he eventually stopped in a trailer park. Tucker jumped out of the car and ran to the back end of his car. The officer got out of the patrol car with his .45 caliber revolver drawn and approached Tucker. He ordered Tucker to get on the ground. Tucker kneeled down, as if he was going to lie down, but then grabbed the officer and pulled him to the ground. Tucker managed to get the officer’s revolver. As Tucker did so, however, the officer was able to eject the magazine from the gun. Tucker gained control of the gun, and the two struggled. Tucker ended up on top of the officer. The officer remarked that his life was more important than a traffic stop and that Tucker could just leave and the officer would not pursue him. Tucker said “no,” that he was going to kill the officer and then pointed the gun at him. The officer was afraid of Tucker, “believing at that point he could have killed me.” Tucker pulled the trigger, but the gun did not discharge. There was a round of ammunition in the gun, but the weapon did not fire because the magazine had been removed. The officer did not know where the magazine was at the time Tucker attempted to fire the gun. The men struggled again, and the officer was able to wrestle the gun away from Tucker. Tucker began beating the officer about the neck, head, and shoulders. When a second police officer arrived, Tucker got off of the officer and started to run. Before he could get away, though, the officer grabbed Tucker’s jacket. A blue bag containing two or three pieces of cocaine fell out of the jacket. When the altercation ended, officers found the gun’s magazine on the ground near where the two men had struggled.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›