Alvarez v. State
312 Ga. App. 552
Ga. Ct. App.2011Background
- Sergeant Presgraves responds to a bleeding man call on Baker Road; man identifies Sosa as injured at 3234 Baker Road.
- Orme, armed with bean bag shotgun, sees Alvarez near an outbuilding and orders him to show hands.
- Alvarez conceals hands, ignores commands, and attacks officers during subdual efforts.
- Bean bag rounds and taser are used; Alvarez resists and head-buts, bites, kicks, and spits at officers.
- Alvarez charged with felony obstruction of Orme, Presgraves, and Suttles; state seeks to admit Sosa’s statements to officers.
- Court initially rules officers cannot relay Sosa’s statements to jury; testimony admits as original evidence to justify actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Sosa’s statements (implicit hearsay) | Alvarez argues hearsay and Crawford violation. | State contends statements are original evidence, not for truth. | Admissible as original evidence to explain officers’ actions. |
| Sufficiency of evidence for Orme’s lawfulness | Orme lacked lawful discharge of duties. | Exigent circumstances justified entry and safety concerns. | Exigent circumstances justified entry; Alvarez obstructed after seeing officers. |
| Jury instructions on lawful discharge | Charge misstates requirement that arrest be lawful. | Trial court instruction reflects law; no plain error. | No plain error; charge read as a whole complies with law. |
| Preservation/standard of review for charges | Failure to object precludes review unless plain error. | Plain error review applies under OCGA 17-8-58. | reviewed for substantial error; no reversible error. |
Key Cases Cited
- Penland v. State, 258 Ga.App. 659 (2002) (admissibility and explanation of officer actions)
- Kirsche v. State, 271 Ga.App. 729 (2005) (entry into curtilage and exigent circumstances)
- Johnson v. State, 293 Ga.App. 32 (2008) (officer’s briefing evidence admissible to explain investigation)
- Edwards v. State, 308 Ga.App. 569 (2011) (jury charge proper when read as a whole)
- Santos v. State, 306 Ga.App. 772 (2010) (explanation of officer’s reasons for investigation)