King v. State
317 Ga. App. 834
| Ga. Ct. App. | 2012Background
- Shala King was convicted by a jury of failure to maintain lane, fleeing and attempting to elude, tampering with evidence, and misdemeanor obstruction.
- On appeal, King argues the misdemeanor obstruction jury instruction was improper and the evidence is insufficient for several counts.
- The appellate court views the evidence in the light most favorable to the verdict and does not assess credibility.
- The court reviews for plain error where objection was not timely raised, and analyzes whether the instruction was obviously erroneous or likely to affect outcome.
- Court affirms in part, reverses in part, and remands for resentencing after addressing both instruction and sufficiency issues.
- Key events include a vehicle stop after a wide right turn, pursuit with lights and siren, a struggle, and an odor of burned marijuana observed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the misdemeanor obstruction instruction plain error? | King | King | No plain error; instruction substantially acceptable. |
| Is there sufficient evidence of failure to maintain lane? | King | State | Sufficient evidence; conviction sustained. |
| Is there sufficient evidence of fleeing and attempting to elude? | King | State | Sufficient evidence; conviction sustained. |
| Is there sufficient evidence of tampering with evidence? | King | State | Insufficient evidence; tampering conviction reversed. |
Key Cases Cited
- DeLong v. State, 310 Ga. App. 518 (Ga. App. 2011) (plain-error standard for failed objections)
- Chambers v. State, 260 Ga. App. 48 (Ga. App. 2003) (circumstantial evidence sufficiency in drug cases)
- Dulcio v. State, 297 Ga. App. 600 (Ga. App. 2009) (identity of controlled substance testimony necessity)
- Phillips v. State, 242 Ga. App. 404 (Ga. App. 2000) (evidence sufficiency in possession cases with odor/appearance)
- Kelly v. State, 290 Ga. 29 (Ga. 2011) (plain-error standard and objections)