Therefore, because the aggravated assault offense at issue in this case does not contain that element, the obstruction charge did contain an element not in the aggravated assault charge, and the two do not merge under the Drinkard analysis. 327 Ga.App. 882, 761 S.E.2d 426 (2014). See id. at 887 –888(5), 761 S.E.2d 426, citing Dobbs v. State, 302 Ga.App. 628, 630(2), 691 S.E.2d 387 (2010).

The trial court, therefore, erred in refusing to charge the jury on felony obstruction as a lesser included offense of the aggravated assaults alleged in these counts. See Elrod v. State, 265 Ga.App. 335, 336-337 (1) (593 S.E.2d 879) (2004) (felony obstruction was a lesser included offense of aggravated assault charge alleging that defendant assaulted an officer with his vehicle by ramming the officer's patrol car during a high speed chase); see also Taylor v. State, 327 Ga.App. 882, 887-888 (5) (a) (761 S.E.2d 426) (2014) (felony obstruction was included in the offense of aggravated assault on a police officer where "each count of the crime of obstruction was established by proof of the same or less than all the facts required to establish each count of the crime of aggravated assault") (citation and punctuation omitted); Dobbs v. State, 302 Ga.App. 628, 630 (2) (691 S.E.2d 387) (2010) (same). (b) The State argues on appeal that any charging error was harmless, given the strong evidence that Rouse's actions constituted aggravated assault on the officers.

The record clearly shows that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer. See Taylor v. State , 327 Ga.App. 882, 888 (5) (a), 761 S.E.2d 426 (2014) (obstruction of a peace officer was established by proof of the same or less than all the facts required to prove aggravated assault on a peace officer and therefore the two offenses merged); compare Gordon v. State , 337 Ga.App. 64, 69–70(2), 785 S.E.2d 900 (2016) (conviction for aggravated assault did not require proof that assault was "upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties;" therefore it did not merge with obstruction of a peace officer conviction) (citations omitted). Consequently, Reid's convictions for aggravated assault on a peace officer and felony obstruction of a peace officer as to Officer Brock should have merged.

(Punctuation and footnotes omitted.) Taylor v. State, 327 Ga.App. 882, 892(9), 761 S.E.2d 426 (2014), quoting Waller v. State, 267 Ga.App. 608, 600 S.E.2d 706 (2004). So viewed, the record shows that on December 6, 2011, Officer Jennifer Freshwater was dispatched to Brenda Copeland's home in response to a domestic disturbance call.

And the fact that the DVDs were stopped and interrupted by live questions and testimony, which were transcribed, does not alter our conclusion. For these same reasons, Brittain's separate enumeration that his trial counsel rendered ineffective assistance by failing to object to an incomplete transcription of trial is likewise without merit.Taylor v. State, 327 Ga.App. 882, 883–84(1), 761 S.E.2d 426 (2014) (punctuation omitted); accord Hughes v. State, 323 Ga.App. 4, 11(4)(a)(ii), 746 S.E.2d 648 (2013) ; Jones v. State, 304 Ga.App. 445, 447(1) n. 10, 696 S.E.2d 346 (2010).See Graham v. State, 171 Ga.App. 242, 249(6), 319 S.E.2d 484 (1984) (holding that failure to transcribe tape played for jury and properly entered into evidence as an exhibit was not reversible error); Ellis v. State, 164 Ga.App. 366, 373(16), 296 S.E.2d 726 (1982) (holding that claim of an incomplete record was without merit when record and transcript included tape as an exhibit).

(Citation and punctuation omitted.) Taylor v. State, 327 Ga.App. 882, 890(8), 761 S.E.2d 426 (2014). Here, even assuming, without deciding, that the officer's testimony about the prior incident was improper, such error did not affect Fraser's substantial rights since the victim also testified, without objection, about the prior incident and having told the officer about it.