McMullen v. State
325 Ga. App. 757
Ga. Ct. App.2014Background
- McMullen was convicted by a Clayton County jury of felony obstruction of a law enforcement officer (Count 1) and simple battery on a law enforcement officer (Count 2).
- The trial court merged Count 2 into Count 1 and sentenced McMullen to three years (in fifteen consecutive weekends in jail plus probation).
- McMullen appeals the denial of her motion for new trial, challenging sufficiency of the evidence and arguing Lenity required sentencing on the misdemeanor rather than the felony.
- A video of the incident contradicted and complemented eyewitness testimony, showing McMullen jumping on an officer’s back and choking him during the arrest.
- During the December 24, 2011 incident, Slaton verbally threatened officers and resisted, leading to a struggle where Officer Dennard restrained Slaton and McMullen assaulted the officer.
- McMullen’s amended motion for new trial included an ineffective-assistance claim, which post-trial counsel later withdrew from consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for felony obstruction | State contends evidence, including the video, supports a rational finding of guilt | McMullen argues the proof is insufficient | Sufficient evidence supporting felony obstruction |
| Application of the rule of lenity to sentencing | State argues no ambiguity; lenity does not apply | McMullen argues lenity requires lesser punishment and misdemeanor conviction | Lenity does not apply; no ambiguity between statutes; proper merger avoided double punishment |
Key Cases Cited
- Short v. State, 234 Ga. App. 633 (Ga. App. 1998) (distinguishes felony obstruction from simple battery)
- Banta v. State, 281 Ga. 615 (Ga. 2007) (sentencing where multiple statutes are charged; merger avoids injustice)
- Pearson v. State, 224 Ga. App. 467 (Ga. App. 1997) (distinguishes between felony obstruction and simple battery)
- McClary v. State, 322 Ga. App. 35 (Ga. App. 2013) (guides improper consideration of ineffective assistance claims)
- Brown v. State, 318 Ga. App. 334 (Ga. App. 2012) (addressing standard for reviewing motions for new trial)