People v. Daniels

240 P.3d 409, 2009 Colo. App. LEXIS 1914, 2009 WL 4680250
CourtColorado Court of Appeals
DecidedDecember 10, 2009
Docket08CA2586
StatusPublished
Cited by20 cases

This text of 240 P.3d 409 (People v. Daniels) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Daniels, 240 P.3d 409, 2009 Colo. App. LEXIS 1914, 2009 WL 4680250 (Colo. Ct. App. 2009).

Opinions

[410]*410Opinion by

Judge GABRIEL.

Defendant, Kalin Andrew Daniels, appeals his judgment of conviction for second degree assault-causing serious bodily injury. The victim of the assault suffered a fractured rib and a lacerated spleen. Defendant asserts that neither of these injuries amounted to "serious bodily injury," as defined by section 18-1-901(8)(p), C.R.S.2009, because the prosecution failed to show that (1) the victim's broken rib was of the second or third degree or (2) the lacerated spleen involved a substantial risk of death or protracted loss or impairment of the function of that organ. As an apparent matter of first impression in Colorado, we conclude that any break or fracture is sufficient to establish "serious bodily injury" under section 18-1-901(8)(p). Accordingly, we hold that the evidence was sufficient to sustain defendant's conviction, and we need not reach the question of whether the evidence concerning the victim's lacerated spleen was also sufficient to establish the requisite serious bodily injury.

I. Background

Taken in the light most favorable to the prosecution, the evidence at trial established the following facts:

On March 27, 2008, after a visit from their landlord, the defendant and the victim, who was his live-in girlfriend, argued over, among other things, issues concerning their past due rent. The argument ended when the victim walked away and defendant punched her in the lower back.

The victim then ran to a neighbor's house, where she was having difficulty breathing and crying in pain. She told the neighbor that defendant had hit her, and the neighbor called 911. An ambulance was dispatched, but the victim refused to go to the hospital.

The next morning, the victim awoke in significant pain, and her grandmother took her to the hospital. At the hospital, the victim told the emergency room doctor who was treating her that she had been assaulted. Various tests revealed that the victim had a fracture to the ribs of the left flank, where she had been hit, as well as a grade three, or moderately severe, splenic laceration, which was bleeding internally.

The victim was admitted to the intensive care unit (ICU), where she was monitored for increasing signs of illness, discomfort, or loss of blood, which would have required removal of her spleen. She, however, recovered after several days without the need for surgery.

For her part, the victim testified that although she had told her neighbors and the emergency room doctor, among others, that her injuries resulted from an assault by defendant, she was not telling the truth when she made these allegations. Rather, she claimed at trial to have lied previously to get revenge on defendant. She further testified that she actually was injured in a fall from the deck of her home.

At the conclusion of the prosecution's case, defendant moved for judgment of acquittal on the second degree assault charge. The court denied this motion. Subsequently, the jury, apparently rejecting the victim's attempted retraction of her prior accusations against defendant, convicted defendant of, among other things, second degree assault.

Defendant now appeals his conviction.

II. Standard of Review

When a party challenges the sufficiency of the evidence, "a reviewing court must determine whether the evidence, viewed as a whole and in the light most favorable to the prosecution, is sufficient to support a conclusion by a reasonable person that the defendant is guilty of the crimes charged beyond a reasonable doubt." People v. Valdez, 56 P.3d 1148, 1151 (Colo.App.2002). The evidence can be either direct or cireumstantial, but it must be both substantial and sufficient to support the determination of guilt. Id. "It is the duty of the fact finder in a criminal case to determine the credibility of the witnesses, to consider what weight should be given to all parts of the evidence, and to resolve conflicts, inconsistencies, and disputes in the evi-denee." Id.

[411]*411III. Serious Bodily Injury

As relevant here, a person commits second degree assault when, "Lwiith intent to cause bodily injury to another person, he causes serious bodily injury to that person or another." § 18-3-208(1)(g), C.R.8.2009. "Serious bodily injury," in turn, is defined as

bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

§ 18-1-901(8)(p).

Defendant asserts that the prosecution failed to establish that the victim's broken rib was of the second or third degree, which, defendant claims, was required to prove serious bodily injury under section 18-1-901(8)(p). Although defendant cites no case law in support of his position, and although no Colorado appellate court appears to have addressed this issue directly, we now hold that "of the second or third degree" in section 18-1-901(8)(p) refers only to burns and not to breaks or fractures. Accordingly, we conclude that any break or fracture is sufficient to establish "serious bodily injury," and thus the evidence here was sufficient to support defendant's assault conviction.

Statutory interpretation is a question of law that we review de novo. People v. Jaramaillo, 183 P.3d 665, 671 (Colo.App.2008). Our primary purpose in statutory interpretation is to ascertain and give effect to the intent of the General Assembly. Id. We first look to the language of the statute, giving words and phrases their plain and ordinary meaning. Id. We read words and phrases in context, and construe them according to their common usage. Id. When a statute does not define its terms but the words used are terms of common usage, we may refer to dictionary definitions to determine the plain and ordinary meanings of those words. People v. Janousek, 871 P.2d 1189, 1196 (Colo.1994).

In addition, we must interpret a statute in a way that best effectuates the purpose of the legislative scheme. Moffett v. Life Care Centers, 187 P.3d 1140, 1143 (Colo.App.2008), aff'd, 219 P.3d 1068 (Colo.2009). When a court construes a statute, it should read and consider the statute as a whole and interpret it in a manner giving consistent, harmonious, and sensible effect to all of its parts. Id. In doing so, a court should not interpret the statute so as to render any part of it either meaningless or absurd. Id. at 1144.

If the statute is unambiguous, we look no further. Id. If a statute is ambiguous, however, then we may consider prior law, legislative history, the consequences of a given construction, and the underlying purpose or policy of the statute. Id.

Applying these principles here, we note initially that it is not common and ordinary usage to speak of second or third degree breaks or fractures, as opposed to second or third degree burns.

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Cite This Page — Counsel Stack

Bluebook (online)
240 P.3d 409, 2009 Colo. App. LEXIS 1914, 2009 WL 4680250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daniels-coloctapp-2009.