Lidy v. State
335 Ga. App. 517
Ga. Ct. App.2016Background
- Maurice Lidy III was convicted by a jury of two counts of felony obstruction, one count of aggravated battery, and one count of criminal trespass after officers found him in a storm-damaged hotel room and placed him under arrest.
- While handcuffed behind his back, Lidy became agitated, screamed, and struggled as officers escorted him toward a patrol car; the struggle lasted only seconds.
- During the scuffle, Lidy reportedly jerked, threw himself backward, twisted his shoulder, and fell onto the assistant police chief’s knee, after which the chief suffered a severe knee sprain requiring crutches and a brace.
- Officers testified they used holds, a wrist-lock/pain-compliance technique, and attempted to pin Lidy against a handrail; hotel staff and officers described Lidy thrashing and resisting.
- Lidy appealed, arguing insufficient evidence of malice for aggravated battery and that the two obstruction convictions should have merged for sentencing because they arose from the same brief, simultaneous resistance.
Issues
| Issue | Plaintiff's Argument (Lidy) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated battery (malice element) | Lidy did not act maliciously; injury was accidental during a short struggle while handcuffed and escorted | The violent, intentional thrashing and throwing himself backwards supports a finding of malice because defendants are presumed to intend natural consequences of dangerous conduct | Affirmed: jury could find malice from evidence of angry, violent resistance and that intentional conduct caused harm |
| Whether two felony obstruction counts should merge for sentencing | The two obstruction counts arose from a single, seconds-long act of resistance affecting both officers simultaneously and thus must merge | Counts do not merge because resistance affected both officers; obstruction can be charged against multiple officers | Reversed as to sentencing: counts merge where same conduct simultaneously obstructs multiple officers; remanded for resentencing |
Key Cases Cited
- Scott v. State, 225 Ga. App. 729 (presumption that persons intend natural and probable consequences of their unlawful, dangerous conduct)
- Lee v. State, 275 Ga. App. 93 (jury determines whether harm was accidental or intentional)
- Allen v. State, 247 Ga. App. 10 (same)
- Stevenson v. State, 272 Ga. App. 335 (merger rule: one conviction/sentence for single crime and included offenses)
- Jackson v. State, 295 Ga. App. 427 (no merger where defendant obstructed each officer in separate, distinct ways)
- Ojemuyiwa v. State, 285 Ga. App. 617 (obstruction counts not merge when different acts affect different officers)
Decision: Judgment affirmed in part (convictions), sentence vacated and remanded for resentencing due to merger error.