the false identification given to Officer Landis cannot be considered to be an act obstructing or opposing Officer Bussell's duties. . . . It is not enough for the State to prove that Officer Bussell was affected by Ochoa's false statement; the State must show Ochoa's false statement hindered Officer Bussell in carrying out some official duty, and there is no evidence to support that assertion.As a result, the conviction is reversed.
[Update: the state did not file a PR and the mandate issued on January 8, 2009.]
No comments:
Post a Comment