Henderson v. State

Smith, Presiding Judge.

Daphne Lynne Henderson was convicted by a jury of one count of obstruction of an officer and one count of aggravated battery on a peace officer. Her motion for new trial as amended was denied, and she appeals. Although we agree with Henderson that the trial court should have merged the two convictions for sentencing purposes, we find no basis for a new trial. We therefore affirm the trial court’s denial of Henderson’s motion for new trial but vacate and remand for resentencing.

The facts are essentially undisputed. Officer Marty Perkins and three other officers responded…