People v. Jenkins

Defendant was convicted, after jury trial, of felony of resisting or obstructing a police officer. Failure to instruct jury on the proximate cause element of the offense (that his resisting or obstructing officer proximately caused injury to officer) was error. Evidence was closely balanced, as conflicting testimony at trial as to whether Defendant's kick to officer's face or hand resulted from his resisting arrest, and judgment depends solely on credibility of trial witnesses.  Thus, plain error exception to waiver rule does not apply.(CUNNINGHAM and CONNORS, concurring.)