State v. Lucero

2012 UT App 202, 283 P.3d 967, 713 Utah Adv. Rep. 70, 2012 WL 2924099, 2012 Utah App. LEXIS 205
CourtCourt of Appeals of Utah
DecidedJuly 19, 2012
Docket20100444-CA
StatusPublished
Cited by9 cases

This text of 2012 UT App 202 (State v. Lucero) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lucero, 2012 UT App 202, 283 P.3d 967, 713 Utah Adv. Rep. 70, 2012 WL 2924099, 2012 Utah App. LEXIS 205 (Utah Ct. App. 2012).

Opinion

MEMORANDUM DECISION

ROTH, Judge:

{1 Defendant Jacob Ronald Lucero appeals his convictions for assault, see Utah Code Ann. § 76-5-102 (2008), aggravated assault, see id. § 76-5-103 (current version at id. (Supp. 2011)), failure to stop at the command of a law enforcement officer, see id. *969 § 76-8-305.5, and interference with an arresting officer, see id. § 76-8-305. We affirm.

12 Lucero challenges his convictions on the basis that there was insufficient evidence from which the jury could find him guilty beyond a reasonable doubt. "We will reverse a jury conviction for insufficient evidence only when the evidence, [viewed in the light most favorable to the jury's verdict], is sufficiently inconclusive or inherently improbable that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime of which he ... was convicted." State v. White, 2011 UT App 162, ¶ 7, 253 P.3d 594 (omission in origi nal) (internal quotation marks omitted). "The court's inquiry ends when there is some evidence, including reasonable inferences, from which findings of all the requisite elements of the crime can reasonably be made." Id. ¶ 8 (internal quotation marks omitted).

I. Assault

T3 Lucero first challenges his conviction for assault, a class A misdemeanor, arguing that there was insufficient evidence to prove that the victim suffered substantial bodily injury. At trial, the jury was instructed on self-defense, and Lucero also argues that there was insufficient evidence to prove beyond a reasonable doubt that he did not act in self-defense.

A. Substantial Bodily Injury

T4 Lucero contends that there is insufficient evidence from which the jury could find that he inflicted substantial bodily injury on the victim. "Assault is ... an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another." Utah Code Ann. § 76-5-102(1)(c). "Assault is a class A misdemeanor if ... [it] causes substantial bodily injury to another." Id. § 76-5-102(8)(a). Substantial bodily injury is an injury "that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ." Id. § 76-1-601(12).

15 At trial, the State presented evi-denee that Lucero hit the victim about twenty times, causing the victim to suffer gaping cuts to his lip, below his lip, and on his chin. Two of those cuts required stitches. Further, the victim had a visible sear at the time of trial, almost two years after the assault. From this evidence, the jury could reasonably conclude that the victim suffered substantial bodily injury. Seq, eg., White, 2011 UT App 162, ¶11, 258 P.3d 594 (concluding that there was sufficient evidence from which the jury could reasonably find that the defendant inflicted substantial bodily injury on the victim where there was evidence of "a small facial laceration that bled significantly, continued to bleed for up to thirty minutes, and left a two to three inch sear visible at trial five months later," even though at the time of trial the sear was not very apparent, had to be pointed out to the jury, and may have been temporary).

B. Self-Defense

16 Lucero also challenges his conviction for assault, arguing that there was insufficient evidence to prove beyond a reasonable doubt that he did not act in self-defense. "A person is justified in ... using force against another [in self-defense] when and to the extent that he ... reasonably believes that force is necessary to defend himself ... against such other's imminent use of unlawful force." Utah Code Ann. § 76-2-402(1) (2008) (current version at id. § 76-2-402(1)(a) (Supp.2011)). "In determining [the] imminence or reasonableness" of force used in self-defense, "the trier of fact may consider ... the nature ... [and the] immediacy of the danger." Id. § 76-2-402(5). "[When there is a basis in the evi-denee ..., which would provide some reasonable basis for the jury to conclude that ... the defendant [acted to protect himself] from an imminent threat ..., an instruction on self-defense should be given to the jury." State v. Knoll, 712 P.2d 211, 214 (Utah 1985). Onee the jury has been instructed on self-defense, "the [State] has the burden to prove beyond a reasonable doubt that the [defendant did] ... not [act] in self-defense." Id.

*970 17 The trial court instructed the jury on self-defense based on evidence presented at trial that Lucero only attacked the victim because he felt that he needed to protect himself. Lucero testified that a friend had told him about six weeks before the assault occurred that the vietim was going "to jump" him. According to Lucero, when the assault occurred, he and the victim "just started fighting." The State, however, elicited testimony that the victim did nothing to instigate the assault, nor did he fight back when Luce-ro attacked him; rather, according to testimony given by other witnesses, including the victim, Lucero simply approached the victim and started hitting him. Lucero also testified that on the day of the assault, he and the victim had shared and "enjoyed" some beers together, so he had "figured everything was okay." Based on this evidence, the jury could have found beyond a reasonable doubt that Lucero had not acted in self-defense.

T8 Because there is sufficient evidence from which the jury could find that Lucero caused the victim to suffer substantial bodily injury, and because there is sufficient evidence from which the jury could find that Lucero did not act in self-defense, we conclude that there was sufficient evidence from which the jury could find Lucero guilty beyond a reasonable doubt for assault, a class A misdemeanor.

IIL Other Convictions

T9 Lucero next argues that there was insufficient evidence to support his convie-tions for aggravated assault, see Utah Code Ann. § 76-5-108(1)(b) (2008) (current version at id. § 76-5-103(1)(a) (Supp.2011)), failure to stop at the command of a law enforcement officer, see id. § 76-8-8305.5, and interference with an arresting officer, see id. § 76-8-305.

10 These offenses arose out of the series of events following the assault and leading to Lucero's arrest. Lucero fled on a bicycle as officers responded to the seene of the assault. One of the responding officers saw Lucero on the bicycle and followed him in a marked patrol car. The officer activated his overhead lights and began chirping the siren. Lucero looked back, apparently saw the officer following him, and began to pedal his bicycle faster and harder. 1

{11 After following Lucero through the area, the officer passed him and pulled the patrol car into Lucero's path, blocking him.

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Bluebook (online)
2012 UT App 202, 283 P.3d 967, 713 Utah Adv. Rep. 70, 2012 WL 2924099, 2012 Utah App. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lucero-utahctapp-2012.