People v. Carrick

Defendant appeals by right his conviction by jury of resisting and obstructing a police officer, MCL 750.479; MSA 28.747. The court sentenced defendant to a term of probation for two years and to thirty days in jail with work release. We reverse.

On September 21, 1993, Richard Rainey, a motor carrier commercial vehicle enforcement officer with the Michigan State Police Motor Carrier Division, was driving his personal vehicle on M-115. Rainey was off duty at the time and was not wearing his uniform. Rainey observed defendant, Dean Carrick,* 1 driving a commercial tractor-semitrailer truck that…