Garrett v. State

Adams, Judge.

Willie Frank Garrett was convicted of several crimes in connection with an altercation with peace officers while he was incarcerated at the Floyd County jail. On appeal, he contends two of the counts should have been merged into a third for the purpose of sentencing.

Construed in favor of the verdict, the evidence shows that on July 9, 2004, Garrett was upset with Deputy Chris Hall, and he became abusive and threatened to harm Hall. Hall escorted Garrett back to his cell by the arm, and Garrett continued to curse and threaten Hall. For safety reasons, Hall and two other deputies…