State v. Womack

I respectfully dissent. I cannot agree that the state failed to show a sufficient factual basis for defendant’s conviction under the resisting arrest statute, A.R.S. § 13-2508. While the prosecutor might easily have charged the defendant with a lesser crime under the circumstances, the factual basis is sufficient to convict defendant for resisting arrest.

I

The facts recited by the prosecutor at the time of defendant’s change of plea are as follows.

St. Johns police officer Lloyd Wolfe observed defendant operating a motorcycle without a tail light. The officer, who was *115driving a marked police…