People v. Whatley

Opinion by

Judge PIERCE *

Defendant, Thomas Whatley, appeals a judgment of conviction entered on the jury verdict finding him guilty of second degree assault on a police officer performed upon a sudden heat of passion. We affirm.

Defendant was a passenger in an automobile whose driver had been pulled over by police for suspicion of driving under the influence of alcohol. After the car had been stopped for some time, defendant exited the vehicle and began to walk away. ~

A police officer recognized defendant as an individual wanted by police on an unrelated matter. According to defendant's…