State v. Carroll

Mark P. Painter, Judge.

{¶ 1} Where the police were not attempting to arrest the defendant when he fled, a conviction for resisting arrest cannot stand. Defendant-appellant, Marcus Carroll, appeals his conviction for resisting arrest. We reverse and discharge him from further prosecution.

I. Mistaken Identity

{¶ 2} In July 2004, Officer Stephen Bender was on bicycle street patrol when he saw Carroll standing in the courtyard of an apartment complex. He thought he recognized Carroll as a person wanted on a felony probation-violation warrant. Officer Bender approached Carroll while one of his…