Scott v. StateScott v. State
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- Before:
- Smith
Lindа Scott appeals her conviction by a jury in Colquitt State Court for misdemeanor obstruction of a police officer,
1. Scott raises the general grounds. The obstruction chаrge against Scott arose from events surrounding her arrest and trial in the city of Doerun, Georgia. Construed in favor of the jury’s verdict, the evidence shows that Scott was arrested for a trаffic violation in the city. She was convicted after a bench trial in the Doerun City Court and was given an alternative sentence of a $150 fine or 15 days in jail. Scott stated in court that she wanted to pay the fine but did not have sufficient funds on her person. The presiding judge instructed her to arrange for payments with Officer Buckhalter, the officer charged with that duty and present in the courtroom for that purpose. City courts are authorized to “ ‘impose fines upon persons convicted of such offenses, with the alternative of other punishment allowed by law, in the event that such fines are not paid.’ [Cit.]” City of LaGrange v. Hatfield, 175 Ga. App. 697, 698 (1) (334 SE2d 25) (1985) (physical precedent only). The City of Doerun court is expressly authorized by its charter to impose such sentences. Ga. L. 1985, p. 4234.
The еvidence presented at trial showed a standard procedure after the return of a guilty verdict and entry of a judgment of conviction in Doerun City Court: the officers assigned to the сourtroom for that day’s proceedings are responsible for carrying out the sentences imposed, and an individual is not released from custody until arrangements are made for satisfaction of the judgment. Captain Michael Giles testified that he has the authority to arrange partial payment of fines up to 50 percent of the total amount. Other arrangements are at the discretion of the chief of police. If the chief is not in the office, defendants are placed in a cell to await his arrival.
*626 Officer Buckhalter fоllowed the standard procédure when Scott was instructed to make her payment arrangements. Buckhalter and Captain Giles accompanied Scott and another defendant, also convicted of a traffic offense, across the street to the police department and jail. Upon arriving, Giles began processing the other defendant, who paid half of her fine and made arrangements for payment of the remainder. Officer Buckhalter was simultaneously processing Scott. He requested that Scott pay her $150 fine. Scott was informed that she could pay half her fine and make arrangements for payment of the balance.
While Scott contends she told the officers that she could pay thе! fine if she were allowed to write a check or use a local ATM, the; officers testified that Scott simply stated that she “had no money.” The other defendant testified that Scott “rеfused to pay” the fine. Buckhalter informed Scott that she would have to go to jail if she could not pay. Upon being told this, Scott responded, “I’m not your n____r and I’m not going to give you anything.” Buckhalter then requested that she hand over her purse and other belongings so that she could be placed in a cell. Scott resisted and was both physically and verbally abusive, kicking at аnd striking the officers in the process. Scott was ultimately restrained by both Officer Buckhalter and Captain Giles and placed in a cell.
A conviction for obstruction of a law enfоrcement officer is proper only when evidence is presented that a defendant “knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his offiсial duties.”
This contention is without merit. Upon an individual being found guilty of a misdemeanor that contemplates imprisonment, law enforcement officials possess the duty and power to contain that individual for the purposes of carrying out the sentencе. “ ‘On the conviction and sentence of a person, it is the duty of the sheriff of the county where the judgment of conviction has been rendered to take such convicted persоn into custody, and to keep him in custody or dispose of him in accordance with the judgment of the court and the law.’ [Cits.]” Whiddon v. State, 160 Ga. App. 777, 783 (287 SE2d 114) (1982), overruled in part on other grounds, In re Irvin, 254 Ga. 251, *627 254 (1) (328 SE2d 215) (1985). 2 The officers’ attempts to restrain Scott in this case were simply a function of their continuing duty to control a person arrested, tried, and sentenced under the law.
Scott contends that she was justified in resisting arrest under the authority of Bearden v. Georgia, 461 U. S. 660 (103 SC 2064, 76 LE2d 221) (1983). We do not agree. Bearden held that an indigent’s рrobation cannot be conditioned on payment of a fine. We do not reach the issue of whether that holding should be extended to alternative sentences of fine or imprisonment, for two reasons.
First, there is no evidence that Scott was indigent. On the contrary, she was able to pay the fine within a few minutes of her incarceration.
Second, and morе important, a valid distinction exists between appealing an allegedly improper sentence, as Bearden did, and pleading an improper sentence as justificatiоn for obstruction of an officer under
Upon Scott’s refusal to pay the fine, it was incumbent on the officers to restrain Scott and carry out the more restrictive alternative of her sentence. The evidence therefore supports the conclusion that the officers were acting pursuant to an official duty. “Whether or not the actions of appellant had the effect of hindering or impeding the officers in carrying out their аssigned duties was for the jury to decide. The jury made its decision, obviously rejecting appellant’s version of what transpired, and we find that under the facts here any rational trier of faсt could have found appellant guilty as charged beyond a reasonable doubt.” (Citations omitted.) Sapp v. State, supra at 615 (1).
2. Scott also enumerates as error the trial court’s refusal to give *628 a requеsted jury instruction: “I charge you that it is unlawful to incarcerate a person who is financially unable to immediately pay a fine imposed by a judicial officer.” Scott argues that hеr sole defense in this matter is justification, and that the requested charge alone stated that defense to the jury. This contention is without merit.
Several well-settled rules govern the denial of requests to charge in Georgia. “ ‘A request to charge itself must be correct, legal, apt, even perfect, and precisely adjusted to some principle involved in the case. If any portion of the request is inapt or incorrect, denial of the request is proper.’ . . . [Cit.]” (Emphasis omitted.) Woityra v. State, 213 Ga. App. 89 (1) (443 SE2d 867) (1994). A trial court does not commit error where it refuses to give a confusing or misleading instruction, Jones v. State, 200 Ga. App. 519, 521 (2) (c) (408 SE2d 823) (1991), or where the substance of the requested charge is covered in the instructions given by the trial court. Radford v. State, 202 Ga. App. 532, 534 (1) (415 SE2d 34) (1992).
It does not appear that the charge, as worded, was adjusted to the facts as shown in this case. The trial court fully charged the jury on mistake of fact, justification, the right to resist unlawful arrest, and self-defense. Moreover, in the charge conference, the trial court offered to accept a reworded charge, but Scott declined to present one for review. The trial court did not err in denying this request to charge.
Judgment affirmed.
Birdsong, P. J., and Beasley, J., concur. McMurray, P. J., disqualified.
Notes
We note that the State originally filed no brief despite the clear mandate in this Court’s rules that “a brief shall be filed by the appellee in all criminal appeals when the State is the appellee” and that failure to do so subjects the violator to contempt. Court of Appeals Rules 13 and 26 (b). Aftеr an order directing that the brief be filed within ten days, the State ultimately filed its brief over six months late and fifteen days after issuance of the order.
The charter of the City of Doerun authorizes its law enforcement officers to perform these functions. Ga. L. 1975, p. 4697.