Fricks v. State, 436 S.E.2d 752 (Ga. Ct. App. 1993). · Go Syfert
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Fricks v. State, 436 S.E.2d 752 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
16 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Williams v. State (gactapp, 2009-12-16)
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2009 · confidence medium
While misdemeanor obstruction is a lesser included offense of felony obstruction (Ojemuyiwa v. State, 285 Ga. App. 617, 624 (5) (b) ( 647 SE2d 598 ) (2007)), “[w]here the evidence shows completion of the greater offense, [as here (Division *734 1, supra),] it is not necessary for the court to charge on a lesser included offense. [Cit.]” Fricks v. State, 210 Ga. App. 562, 563 (2) ( 436 SE2d 752 ) (1993).
cited Cited as authority (rule) Owens v. State
Ga. Ct. App. · 2007 · confidence medium
“Omitting a charge on a lesser included offense is not error absent a written request.” (Citation and punctuation omitted.) Fricks v. State, 210 Ga. App. 562, 563 (2) ( 436 SE2d 752 ) (1993).
discussed Cited as authority (rule) Sampson v. State
Ga. Ct. App. · 2006 · confidence medium
J., and Bernes, J., concur. 1 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 16-5-70 (b). 4 Delacruz v. State, 280 Ga. 392, 395 (3) ( 627 SE2d 579 ) (2006). 5 Kennedy v. State, 272 Ga. App. 347, 349-350 ( 612 SE2d 532 ) (2005). 6 Allen v. State, 247 Ga. App. 10, 16 (4) (a) ( 543 SE2d 45 ) (2000). 7 OCGA § 16-10-24 (b). 8 Fricks v. State, 210 Ga. App. 562, 563 (1) ( 436 SE2d 752 ) (1993). 9 Estrada v. State, 269 Ga. App. 185, 186 (1) ( 603 SE2d 721 ) (2004). 10 In the Interest of D.
cited Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 2004 · confidence medium
Fricks v. State, 210 Ga. App. 562, 563 (1) ( 436 SE2d 752 ) (1993).
cited Cited as authority (rule) Pearson v. State
Ga. Ct. App. · 1997 · confidence medium
Fricks v. State, 210 Ga. App. 562, 563 (2) ( 436 SE2d 752 ) (1993); Duke v. State, supra at 690.
discussed Cited "see" Estrada v. State (2×)
Ga. Ct. App. · 2004 · signal: see · confidence high
See Fricks v. State, 210 Ga. App. 562, 563 ( 436 SE2d 752 ) (1993).
discussed Cited "see" Brown v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Fricks v. State, 210 Ga. App. 562, 563 ( 436 SE2d 752 ) (1993). 4.
discussed Cited "see, e.g." Javarris Mashod Robinson v. State (2×)
Ga. Ct. App. · 2021 · signal: see also · confidence medium
He also testified, “I never tried to pick [the officer] up,” and “I didn’t never put my hands around him.” (Emphasis supplied.) As the majority writes, “[g]rabbing an officer and attempting to throw him to the ground would be an act of violence toward the officer.” Campbell v. State, 333 Ga. App. 829, 831 (1) ( 777 SE2d 507 ) (2015) (finding evidence sufficient for felony obstruction conviction where defendant “pinned [officer’s] arms in a bear hug,” shoved him onto a table, and threw him over his shoulder); see also Fricks v. State, 210 Ga. App. 562, 562-563 (1) - (2) ( 43…
Fricks
v.
the State
A93A2015.
Court of Appeals of Georgia.
Oct 14, 1993.
436 S.E.2d 752
James C. Wyatt, for appellant., Stephen F. Lanier, District Attorney, C. Stephen Cox, Assistant District Attorney, for appellee.
Johnson, McMurray, Blackburn.
Cited by 8 opinions  |  Published
Johnson, Judge.

A jury found Ray E. Fricks, Jr., guilty of felony obstruction of an officer and public drunkenness. He appeals only from his conviction of obstruction of an officer.

1. Fricks contends that the trial court erred in denying his motion for a directed verdict of acquittal on the felony obstruction of an officer charge because the State’s evidence was insufficient to establish that Fricks had done violence or had offered to do violence to Officer Gilstrap, the arresting officer. An eyewitness to the incident testified that he saw Fricks push Gilstrap against a fence and then kick the officer to the ground. Gilstrap testified that as he was leading the handcuffed Fricks to the police car, Fricks knocked him with his right shoulder, pushed him into a wall and then kicked him.

“A directed verdict of acquittal should be granted where ‘there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict[*563] of acquittal. . . .’ OCGA § 17-9-1.” Reed v. State, 205 Ga. App. 209, 211-212 (4) (422 SE2d 15) (1992). The evidence in the case demands no such result. Fricks has cited no authority in support of his novel position that the elements of felony obstruction of an officer were not satisfied because no evidence was presented by the State that Gil-strap was injured. This is not an element of the offense. “Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer ... in the lawful discharge of his official duties by offering or doing violence to the person of such officer ... is guilty of a felony.” (Emphasis supplied.) OCGA § 16-10-24 (b). See generally Williams v. State, 196 Ga. App. 154, 155-156 (1) (395 SE2d 399) (1990). In light of the testimony of two witnesses that Fricks shoved and kicked Gilstrap, it is clear that the trial court correctly denied Fricks’ motion for a directed verdict on the obstruction count.

Decided October 14, 1993. James C. Wyatt, for appellant. Stephen F. Lanier, District Attorney, C. Stephen Cox, Assistant District Attorney, for appellee.

2. The trial court did not err in refusing to charge the jury on the lesser included offense of misdemeanor obstruction of an officer. Fricks concedes that no written request was submitted to the court, but argues that a verbal request was made at the charge conference. “Omitting a charge on a lesser included offense is not error absent a written request. [Cits.]” Henderson v. State, 203 Ga. App. 733, 734 (1) (417 SE2d 413) (1992). Moreover, in Division 1, we held that the elements of felony obstruction of an officer had been presented during the State’s case. Where the evidence shows completion of the greater offense, it is not necessary for the court to charge on a lesser included offense. Widner v. State, 203 Ga. App. 823, 825 (4) (418 SE2d 105) (1992).

Judgment affirmed.

McMurray, P. J., and Blackburn, J., concur.