State of Michigan v KEVIN LEE POHL
No. 162782
Michigan Court of Appeals
207 Mich App 332; 523 NW2d 634
July 6, 1994, Submitted August 31, 1994, Decided
Subsequent case developments: Approved for Publication October 28, 1994.
Before: Griffin, P.J., and MacKenzie and F.X. O'Brien, * JJ.
* Circuit judge, sitting on the Court of Appeals by assignment.
OPINION
PER CURIAM.
Following a bench trial, defendantwas convicted of resisting and obstructing a police officer, MCL 750.479; MSA 28.747. He also pleaded guilty of operating a vehicle while under the influence of intoxicating liquor, MCL 257.625(1); MSA 9.2325(1), and of being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to serve one hundred days in jail and five years' probation for the resisting and obstructing conviction, along with a concurrent term of ninety days in jail and two years' probation for the OUlL conviction. Defendant appeals as of right, contending that his conviction for resisting and obstructing a police officer should be vacated. We disagree and affirm.
Relying on People v Landrie, 124 Mich App 480; 335 NW2d 11 (1983), and People v Strelow, 96 Mich App 182; 292 NW2d 517 (1980), defendant contends that his conviction is invalid because mere prearrest flight from a police officer is insufficient to establish the offense of resisting and obstructing. Unlike in Landrie, however, defendant's flight in this case actively interfered with a deputy sheriff's traffic stop and investigation of drunk driving. Additionally, unlike the defendant in Strelow, defendant here knew that he was fleeing from the scene of a crime. Although defendant did not physically obstruct the officer, he did engage in conduct that under all the circumstances hindered an officer conducting a police investigation--a police function covered by the resisting and obstructing statute. People v King, 236 Mich 405; 210 NW 235 (1926); People v Kelley, 78 Mich App 769; 260 NW2d 923 (1977); People v Weatherspoon, 6 Mich App 229; 148 NW2d 889 (1967). Accordingly, defendant's conviction was proper.
Affirmed.
/s/ Richard Allen Griffin
/s/ Barbara B. MacKenzie
/s/ Francis X. O'Brien