Dobbs v. Texas (Original)
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In his petition for discretionary review, appellant Atha Dobbs challenged the sufficiency of the evidence to sustain his conviction for resisting arrest with a deadly weapon after he was convicted by a jury. During an attempt by police officers to arrest him at his home, appellant exhibited a firearm, refused to put the weapon down when ordered to do so, and expressed his intent to use the firearm to shoot himself, but never threatened to use the weapon against the officers. Because the Court of Criminal Appeals concluded that no rational juror could have found that appellant's conduct constituted a use of force against a peace officer as required by the resisting-arrest statute, the Court held that the evidence was insufficient to sustain appellant's conviction.
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