State v. Wilkerson

SUBSTITUTE OPINION

The Court’s prior opinion dated February 5, 1992, is hereby withdrawn.

SWANSTROM, Judge.

This is the second appeal by Jeannie Wilkerson, in the same case, from a jury conviction for resisting and obstructing an officer in the discharge of his duty. I.C. § 18-705. Both convictions involve the same incident where Wilkerson refused to allow a wrecker to tow her son’s pickup from an accident scene, after a deputy sheriff had requested the towing. After her first conviction, Wilkerson appealed to the district court contending that whether the officer was performing a duty was a…