State v. Santamaria

756 A.2d 589, 145 N.H. 138, 2000 N.H. LEXIS 29
CourtSupreme Court of New Hampshire
DecidedJuly 5, 2000
DocketNo. 98-719
StatusPublished
Cited by10 cases

This text of 756 A.2d 589 (State v. Santamaria) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Santamaria, 756 A.2d 589, 145 N.H. 138, 2000 N.H. LEXIS 29 (N.H. 2000).

Opinion

DALIANIS, J.

The defendant, Paul Santamaría, appeals his conviction in the Superior Court (Smith, J.) of one count of first degree assault in violation of PSA 631:1 (1996) following a jury trial. The defendant challenges the sufficiency of the evidence and whether the court erred in permitting a police officer to testify as an expert witness. We affirm.

Viewed in the light most favorable to the State, the evidence would support the following factual findings. While attending a party at his fraternity, the victim overheard the defendant make a sexual comment to a group of girls. The victim ascertained that the defendant was not a member of the fraternity. He then approached the defendant and said, “I heard you are a high school student. If you are, you are going to have to leave.” The defendant responded, “Who the f— are you?” Because the defendant was not a member of the fraternity, the victim told him, “You are going to have to leave or else you are going to get your a- kicked.” The victim also said, “What I meant to tell you is a number of people are going to kick your a-.” The defendant testified that he responded by saying, “I may leave, but you are not going to kick my a-.” Approximately five seconds later, the victim grabbed the defendant by his shirt. The defendant responded by bringing his left hand to the back of, and around the front of, the victim’s neck. As the defendant’s hand reached toward his neck, the victim observed that the defendant was holding a “yellow, orange-ish object.” Immediately thereafter, the victim felt a severe burn on the back of his neck. He then said to the defendant, “You cut me.” The victim testified that, prior to being cut, he did not punch the defendant and had not brandished any kind of wuapon.

[140]*140The victim was taken to the local emergency room. At the hospital, Officer Tanner of the Plymouth Police Department interviewed him and photographed his injuries. The victim received thirty-eight stitches on his neck. Officer Tanner was unable to locate the instrumentality that cut the victim’s neck. The defendant was charged with one count of first degree assault in violation of RSA 631:1.

At trial, the State called Officer Tanner to testify. Officer Tanner was qualified as an expert to testify as to the cause of the injury. He then read from a doctor’s report that described the injury as “[l]ateral in' aspect, five inches, full thickness involves skin and subdermal tissue only. Wound is clean with minimal bleeding.”

On direct examination, Officer Tanner testified that based upon his observation, it appeared that a sharp knife made the wound. On cross-examination, however, Officer Tanner testified that the sharp clean cut was not necessarily caused by a knife. Rather, “any sharp implement” could have caused the victim’s injury.

The defendant testified at trial and admitted to possessing an object, a computer tool, that he believed may have been the instrumentality that cut the victim. A witness testified that after the victim asked the defendant to leave, the defendant became aggressive toward the victim. The jury found the defendant guilty. The defendant appeals.

To convict the defendant of assault with a deadly weapon, the State must prove beyond a reasonable doubt that he “[p]urposely or knowingly cause[d] bodily injury to another by means of a deadly weapon . . . .” RSA 631:1, 1(b). Here, the indictment alleged that the defendant knowingly caused “bodily injury to another by means of a deadly weapon, in that the Defendant cut [the victim’s] neck with a knife . . . .” The defendant contends that because the indictment alleged use of a specific type of weapon, the State had to prove beyond a reasonable doubt that a knife was used. In response, the State contends that the defendant failed to raise this issue below and it is therefore not preserved on appeal. In addition, the defendant argues that there was insufficient evidence to establish that a knife was in fact the deadly weapon used.

We hold that the defendant waived any argument that the State was required to prove that the deadly weapon involved in the assault was a knife. The court instructed the jury that the State had the burden to prove each element of the charge of first degree assault beyond a reasonable doubt. As to what constitutes a deadly weapon, the jury was instructed that “[d]eadly weapon includes any [141]*141firearm, knife, or other substance or thing which in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury.” The defendant did not object to this instruction, and therefore he cannot now argue that the State was required to prove that a knife was used in the assault. See State v. Lurvey, 122 N.H. 190, 192, 442 A.2d 592, 593 (1982). Thus, the defendant’s argument that there was insufficient evidence to establish that a knife was involved is moot because the State was required to prove only that a deadly weapon was used. Moreover, the jury had the right to conclude from the evidence that a knife, in fact, had been used. It did not have to accept the defendant’s testimony that the injury was caused by the computer tool that he produced for the first time at trial.

We next address the defendant’s contention that the evidence was insufficient to support a finding that he did not act in self-defense. “[W]hen evidence of self-defense is admitted, conduct negating the defense becomes an element of the charged offense, which the State must prove beyond a reasonable doubt.” State v. McMinn, 141 N.H. 636, 645, 690 A.2d 1017, 1023 (1997) (citations omitted).

Circumstantial evidence may be sufficient to support a finding of guilty beyond a reasonable doubt. Further, the trier may draw reasonable inferences from facts proved and also inferences from facts found as a result of other inferences, provided that they can be reasonably drawn therefrom. The State need not prove each evidentiary fact beyond a reasonable doubt, but, rather, the decisive issue is whether on all the evidence, guilt has been established beyond a reasonable doubt.

State v. Stauff, 126 N.H. 186, 189, 489 A.2d 140, 142 (1985) (citations, quotations, and brackets omitted).

Because the evidence on the issue of self-defense was conflicting, the jury had to evaluate the credibility of the various witnesses before reaching a verdict, and we will not review the jury’s decision on the credibility of the witnesses. Our task is only to determine the sufficiency of the evidence. We must uphold the verdict unless we find that, in viewing the evidence and all reasonable inferences therefrom in the light most favorable to the State, no reasonable fact-finder could find that the defendant did not act in self-defense.

[142]*142State v. McAvenia, 122 N.H. 580, 582, 448 A.2d 967, 968 (1982) (citation omitted).

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Bluebook (online)
756 A.2d 589, 145 N.H. 138, 2000 N.H. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-santamaria-nh-2000.