Jackson v. State

The trial court did not err in denying the defendant's trial on a 2008 charge of aggravated assault on a law enforcement officer from his trial on 2007 crimes for which the officer was attempting to arrest the defendant.

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In the same indictment, a grand jury charged Kendrick Demone Jackson with the commission, in 2007, of three counts of aggravated battery and one count of aggravated assault during a fight at a restaurant; and with the commission, in 2008, of one count of aggravated assault on a law enforcement officer attempting to arrest him for the crimes allegedly committed in 2007. A jury convicted Jackson of the 2008 aggravated assault on the officer, but acquitted him of the remaining counts. He appeals the denial of his amended motion for a new trial, alleging that the trial court erred in denying his motion to sever the counts and in not granting a mistrial. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the record shows that at about 3 a.m. on November 11, 2007, Bobby Toole, an officer with the Athens-Clarke County Sheriff’s Department working extra duty at a restaurant, heard someone yelling that there was a fight in the parking lot and immediately after heard a gunshot. Toole found Termaine Johnson lying wounded on the ground. Johnson identified Jackson as the shooter. A witness told law enforcement that the shooter fled the scene. A law enforcement officer identified Jackson’s photo as depicting a man who had fled the scene.

A warrant was issued for Jackson’s arrest in connection with the Johnson shooting, and Jackson was the subject of a “be on the lookout” alert. About two months after the shooting, on January 6, 2008, Athens-Clarke County Police Officer Donnie Weller responded to a call from another officer who had seen Jackson at an area apartment complex. Weller testified that Jackson attempted to flee in a vehicle driven by another person. The officers initiated a traffic stop, and Jackson pointed a gun at Weller. Weller arrested Jackson, and a 9 millimeter handgun was found during a search of the vehicle. At arraignment, Jackson pled not guilty to all counts.

Jackson v. State

The trial court did not err in denying the defendant's trial on a 2008 charge of aggravated assault on a law enforcement officer from his trial on 2007 crimes for which the officer was attempting to arrest the defendant.

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