AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• On August 29, 2016, Defendant was stopped by a police officer for riding his bicycle on the wrong side of the road. Upon learning of an outstanding warrant against Defendant, the officer attempted to arrest him. Defendant fled, leading to a chase that ended in a poorly lit driveway where, after a failed taser attempt by the officer, Defendant shot the officer and escaped. Defendant surrendered two days later and was charged with assault with intent to commit a violent felony upon a peace officer, aggravated battery upon a peace officer, and resisting arrest. A jury found Defendant guilty of all charges (paras 3-5).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant: Argued that the evidence was insufficient to support the conviction for assault with intent to commit a violent felony upon a peace officer. Contended that no conduct before or after the shooting could have placed the officer in reasonable fear of an immediate battery by Defendant. Also argued that the convictions for assault and aggravated battery constituted a double jeopardy violation (paras 6, 9).
• State: Argued that the shooting of the officer constituted both the battery and an assault, as it caused the officer to reasonably fear being shot again. Asserted that unlawful conduct alone suffices as the actus reus for an assault charge and that the shooting was sufficient evidence to support the assault conviction (paras 6-7, 10-11).

Legal Issues

• Whether there was sufficient evidence to support Defendant's conviction for assault with intent to commit a violent felony upon a peace officer.
• Whether Defendant's convictions for assault and aggravated battery upon a peace officer with a deadly weapon constitute a double jeopardy violation.

Disposition

• The court vacated Defendant’s conviction for assault with intent to commit a violent felony upon a peace officer and affirmed Defendant’s conviction of aggravated battery upon a peace officer with a deadly weapon (para 14).

Reasons

• Per Hanisee, C.J., with Duffy, J., and Ives, J., concurring: The court found insufficient evidence to support the conviction for assault with intent to commit a violent felony upon a peace officer, as the State failed to prove beyond a reasonable doubt that the officer reasonably feared an immediate battery after being shot. The court distinguished this case from precedent by noting the lack of evidence that Defendant engaged in menacing conduct or made explicit or implied threats of further violence after the shooting. The court emphasized the importance of not basing convictions on mere speculation. Given the reversal of the assault conviction, the court did not address the double jeopardy argument (paras 6-13).