People v. Wrencher

Defendant was convicted, after jury trial, of two counts of aggravated battery and sentenced to total 14 years. Information alleged that Defendant dug his fingernails into officer's hand, and spat blood on officer's hand, during officer's investigation of domestic dispute. No ineffective assistance of counsel in failure to argue for jury instruction on resisting a peace officer as alternative to aggravated battery. Essential element of resisting a peace officer--knowing resistance or obstruction--cannot reasonably be inferred, and there was no evidence to support conviction of that offense and simultaneous acquittal of aggravated battery.(TURNER and HARRIS, concurring.)