McMullen v. State

DOYLE, Presiding Judge.

A Clayton County jury found Sandra Lee McMullen guilty of felony obstruction of a law enforcement officer1 (Count 1) and simple battery on a law enforcement officer2 (Count 2). The trial court merged Count 2 into Count 1 and sentenced her to three years. McMullen appeals the trial court’s subsequent denial of her motion for new trial, challenging the sufficiency of the evidence and arguing that the trial court erred by failing to sentence her on the misdemeanor offense (Count 2) instead of the felony offense (Count 1) based on the rule of lenity. We affirm for the…