State v. Hickman

576 N.W.2d 364, 1998 Iowa Sup. LEXIS 61, 1998 WL 134249
CourtSupreme Court of Iowa
DecidedMarch 25, 1998
Docket96-2259
StatusPublished
Cited by13 cases

This text of 576 N.W.2d 364 (State v. Hickman) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hickman, 576 N.W.2d 364, 1998 Iowa Sup. LEXIS 61, 1998 WL 134249 (iowa 1998).

Opinion

HARRIS, Justice.

Defendant appeals her convictions both of willful injury in violation of Iowa Code section 708.4 (1995) and multiple acts of child endangerment in violation of Iowa Code section 726.6A. We find ample evidence to support the willful injury conviction and to support a conviction of child endangerment. We however find insufficient evidence to support the “multiple” element of her multiple-acts-of-child-endangerment conviction. We affirm in part, reverse in part, and remand for resentencing.

Damareell Tesch, the infant victim in this case, was born March 4,1995, son of Billie Jo Tesch. Billie Jo, a single parent with a moderate learning disability, had ended any association with Damarcell’s father and with her own parents. Because she had difficulty holding a job and supporting herself, she lived with various people following Damar-cell’s birth.

In January 1996 Billie Jo became acquainted with defendant Bethann Hickman. Al *366 though Billie Jo continued to pay rent for her apartment, she and Damareell moved in with Bethann in early January 1996. During this time Billie Jo cared for Damareell and Be-thann’s child.

In February 1996 Billie Jo began working at a nursing home. At this time Bethann stopped working and provided child care to Damareell while Billie Jo was at work. Billie Jo usually worked from 2 p.m. until 11:30 p.m., but periodically worked a double shift and would not come home until 7 a.m. Because Billie Jo cannot drive, Bethann would drive her to and from work.

At the beginning of March, Billie Jo moved back to her own apartment. Bethann continued to baby-sit Damareell. On March 4, Bethann picked up Damareell at the apartment and Billie Jo took the bus to work. Billie Jo did not see Damareell until called to the hospital on March 6. Billie Jo testified Damareell had some bruises near his jaw and on his legs at the time she left him with Bethann.

On March 6, Bethann called paramedics to her apartment in Davenport where Damar-cell was lying in bed and nonresponsive. Be-thann claims he had fallen off the couch and had a seizure while she was in another room. Because various bruises were observed on Damarcell’s face, head, chest, buttocks, and leg, police were called. A doctor noted pe-teehiae, red marks on the left side of Damar-eell’s face, indicating blood vessels broken within twenty-four hours of an injury. The doctor also believed the bruises on the face were caused by a hard slap or a grab. The doctor noted a total of thirteen bruises.

A CT scan showed several areas of blood over the surface of the brain, particularly over the right side. There appeared to have been two separate areas of bleeding in Da-' mareell’s brain so it was concluded he sustained two separate blows.

Bethann was charged with multiple acts of child endangerment and with willful injury. The case was tried to a jury, which returned guilty verdicts on both counts. Bethann was sentenced to an indeterminate term not to exceed fifty years for multiple acts of child endangerment, and not to exceed ten years for willful injury. The sentences were ordered to run concurrently. The matter is before us on Bethann’s appeal.

I. The scope of review on appeal from a criminal conviction is narrow. State v. Arnold, 543 N.W.2d 600, 602 (Iowa 1996). In reviewing challenges to the sufficiency of the evidence, we examine the record in the light most favorable to the State. State v. Crone, 545 N.W.2d 267, 270 (Iowa 1996). A jury verdict is binding on us unless it lacks substantial evidence to support it. Iowa R.App. P. 14(f)(1); State v. Bush, 518 N.W.2d 778, 779 (Iowa 1994). Substantial evidence is evidence that could convince a rational trier of fact beyond a reasonable doubt that the defendant is guilty of the crime charged. State v. Terry, 544 N.W.2d 449, 451 (Iowa 1996); State v. Anderson, 517 N.W.2d 208, 211 (Iowa 1994). The substantial evidence standard does not suggest an elevated standard of proof. Anderson, 517 N.W.2d at 211. We accept all legitimate inferences and presumptions favorable to the prosecution which may be fairly and reasonably deduced from the record. State v. Bass, 349 N.W.2d 498, 500 (Iowa 1984).

II. The trial court correctly instructed that the willful-injury charge under Iowa Code section 708.4 required proof of the following elements: ■

(1) that on or about March 6, 1996, Be-thann committed an act, assault, or aided and abetted such act;
(2) that Bethann specifically intended to cause a serious injury to Damareell; and
(3) the assault caused a serious injury to Damareell.

Bethann contends there was not sufficient evidence that she caused the serious head injury to Damareell. She asserts Billie Jo’s testimony was contradictory and vague and was therefore incredible. Bethann, who contends Damareell suffered the injury during the prior weekend when he was in his mother’s care, also maintains the medical evidence that purported to show she caused the injuries was insufficient.

Much, though certainly not all, of the State’s evidence establishing these elements consisted of Billie Jo’s testimony which, with *367 some justification, defendant assails as being inconsistent. These inconsistencies however do not make her an incredible witness. We have said numerous times it is the province of the jury to assess- the credibility of witnesses. See State v. Liggins, 557 N.W.2d 263, 269 (Iowa 1996); Anderson, 517 N.W.2d at 211; State v. Allen, 348 N.W.2d 243, 247 (Iowa 1984); State v. Martin, 341 N.W.2d 728, 729 (Iowa 1983); see also United States v. Kime, 99 F.3d 870, 885 (8th Cir.1996) (district court’s findings regarding witness’ credibility are virtually unreviewable on appeal); United States v. Parker, 32 F.3d 395, 399 (8th Cir 1994) (same).

Bethann challenges other evidence offered by the State, also on the basis of inconsistency. The challenge suffers the same fate. Taking all the evidence in the light most consistent with the verdict, there was ample evidence to support a finding that Bethann caused Damarcell’s severe head injury and accompanying bruises. The jury could easily reject her contrary theory. See State v. Frake,

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576 N.W.2d 364, 1998 Iowa Sup. LEXIS 61, 1998 WL 134249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hickman-iowa-1998.