Atha Albert Dobbs v. State

Atha Albert Dobbs was convicted of resisting arrest under Penal Code section 38.03, which states in relevant part that a person commits the offense of resisting arrest if he uses “force against the peace officer or another.” Tex. Penal Code Ann. § 38.03(a) (West 2011). This is a misdemeanor offense that is elevated to third degree felony if he “uses a deadly weapon to resist the arrest or search.” Tex. Penal Code Ann. § 38.03(d) (West 2011). Dobbs’s sole issue on appeal challenges the sufficiency of the evidence supporting the use of force against the officer or another.

Dobbs was charged with…