Dawsey v. State

Smith, Judge.

Joseph James Dawsey was convicted of the offenses of aggravated battery upon a police officer and obstruction of an officer. Sentence was entered on these charges. Dawsey moved for new trial based in part on the trial court’s failure to instruct the jury that knowledge by the defendant that the victim was a police officer was an essential element of aggravated battery on a law enforcement officer. Apparently finding this contention to have merit, the trial court later resentenced Dawsey for the offense of aggravated battery but denied Dawsey’s motion for new trial as to all other…