Atha Albert Dobbs v. State, 445 S.W.3d 191

Dobbs was convicted by jury of resisting arrest with a deadly weapon (firearm), a third-degree felony, and punished with six years’ imprisonment and an $8,000 fine.
The State alleged Dobbs used a deadly weapon to resist arrest, increasing the offense to a felony under Tex. Penal Code § 38.03(d).
Deputies arrived at Dobbs’s home to execute a warrant for sexual assault of a child; five deputies surrounded the residence.
Dobbs retrieved a loaded pistol from his cabinet, walked toward Deputy Kokemoor with the gun, and refused to drop it.
Deputies tasered Dobbs after he moved into the living area and continued to resist; the gun was later found loaded with a round in the chamber.
On appeal, Dobbs challenged the sufficiency of the evidence to prove use of force against the officer; the trial court’s judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved use of force against the officer	State contends the display and management of the gun constituted force against the officer	Dobbs argues there was no force against officers; only self-directed threat and passive resistance	Sufficiency under Jackson standard; evidence supported use of force by Dobbs

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes standard for reviewing evidence sufficiency)
In re Winship, 397 U.S. 358 (U.S. 1970) (beyond reasonable doubt standard for criminal conviction)
Laster v. State, 275 S.W.3d 512 (Tex.Crim.App.2009) (comprehensive sufficiency framework in Texas)
Hooper v. State, 214 S.W.3d 9 (Tex.Crim.App.2007) (emphasizes cumulative evidence may establish guilt)
Pumphrey v. State, 245 S.W.3d 85 (Tex.App.-Texarkana2008) (distinguishes force versus opposition in resisting arrest)
Hopper v. State, 86 S.W.3d 676 (Tex.App.-El Paso 2002) (concept of force against officer in resisting arrest)