Williamson v. State

2011 Ark. App. 73, 381 S.W.3d 134, 2011 Ark. App. LEXIS 88
CourtCourt of Appeals of Arkansas
DecidedFebruary 2, 2011
DocketNo. CA CR 10-741
StatusPublished
Cited by8 cases

This text of 2011 Ark. App. 73 (Williamson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williamson v. State, 2011 Ark. App. 73, 381 S.W.3d 134, 2011 Ark. App. LEXIS 88 (Ark. Ct. App. 2011).

Opinion

ROBERT J. GLADWIN, Judge.

| jAppellant Brittany Williamson appeals her conviction by the Pulaski County Circuit Court on a charge of first-degree battery, for which she was sentenced to one year in the Arkansas Department of Correction and ordered to pay restitution. She challenges the sufficiency of the evidence supporting, the conviction and argues that the circuit court erred in admitting photographs indicating her gang affiliation. We affirm.

The evidence presented at the bench trial on March 3, 2010, indicated that appellant met up with friends Tracy Daniels, Reginald Forte, Thomas Caffery, and Ja-varus Murray at a bus stop after school on April 13, 2009. Daniels then approached fourteen-year-old Larry Oates, Jr., and asked if he wanted to sell the necklace he was wearing. When Oates said no, Daniels hit him in the mouth with a hard object, knocking him to the ground. Meanwhile, | ^appellant and the others circled around Oates and began kicking him. It is undisputed that Oates’s two front teeth were knocked out by Daniels’s blow.

A crowd gathered around Oates, and several people engaged in the fight with Oates and each other, while others simply stood around as spectators. Oates eventually broke free and ran home to his father Larry Oates, Sr., who returned to the scene to look for whoever had hit his son. Law-enforcement officers were dispatched, at which time they interviewed Oates regarding the attack. Oates indicated that the perpetrators were Daniels and Forte and did not mention appellant having any involvement in the fight at that time. Oates later accused appellant of kicking him while he was on the ground, codefen-dant Forte testified that he saw appellant kick Oates, and witness Danielle Arnold testified to the same, although appellant vehemently denied any involvement in the attack of Oates.

It is undisputed that Oates had to seek medical attention to have his two front teeth reinserted. Oates also indicated that when he turns eighteen years of age, he will have to have oral surgery to replace them with implants.

Appellant was found guilty and sentenced as previously set forth pursuant to a judgment and commitment order filed on April 12, 2010. She filed a timely notice of appeal on April 29, 2010, and this appeal followed.

I. Sufficiency of the Evidence

On appeal, a motion for directed verdict is treated as a challenge to the sufficiency of the evidence. Baughman v. State, 353 Ark. 1, 110 S.W.3d 740 (2003). In determining if the ^evidence is sufficient, appellate courts view it in the light most favorable to the State. Watson v. State, 358 Ark. 212, 188 S.W.3d 921 (2004). Thus, only evidence that supports a conviction will be considered, and the conviction will be affirmed if it is supported by substantial evidence. Stone v. State, 348 Ark. 661, 74 S.W.3d 591 (2002). Evidence is substantial if it is forceful enough to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. Harmon v. State, 340 Ark. 18, 8 S.W.3d 472 (2000). Moreover, when the sufficiency of the evidence is challenged, an appellate court will not weigh witness credibility, because this is for the fact-finder to determine. Id.

First-degree battery, as charged in this case, is knowingly causing serious physical injury to another person under circumstances manifesting an extreme indifference to the value of human life. Ark.Code Ann. § 5-13-201 (a)(3) (Supp.2009). A person acts knowingly with respect to his conduct or the attendant circumstances when he is aware that the conduct is of that nature or that the attendant circumstances exist. Ark.Code Ann. § 5-2-202(2)(A) (Repl.2006). A person acts knowingly with respect to the result of his conduct when he is aware that the conduct is practically certain to cause the result. Ark.Code Ann. § 5-2-202(2)(B) (Repl. 2006).

A serious physical injury is one which “creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.” Ark.Code Ann. § 5-1-102(21) (Supp.2009). Whether a person has suffered serious physical injury is ordinarily an issue for the trier |4of fact. Bangs v. State, 338 Ark. 515, 998 S.W.2d 738 (1999). It is not necessary that the impairment be permanent, but only protracted. See Bell v. State, 99 Ark. App. 300, 259 S.W.3d 472 (2007). And the fact that the victim ultimately recovers has no bearing on whether the injury sustained is serious. Brown v. State, 347 Ark. 308, 65 S.W.3d 394 (2001).

Circumstances manifesting extreme indifference are akin to a mental state “requiring] deliberate conduct with a knowledge or awareness that one’s actions are practically certain to bring about the prohibited result.” McCoy v. State, 347 Ark. 913, 924, 69 S.W.3d 430, 437 (2002). The combination is more than mere knowledge, but less than purposeful intent. Id. Because a person’s intent is seldom capable of direct proof, a fact-finder may consider and givé weight to any false, improbable, and contradictory statements made by the defendant to explain suspicious circumstances. Ewings v. State, 85 Ark. App. 411, 155 S.W.3d 715 (2004). Finally, a fact-finder need not lay aside its common sense in evaluating the ordinary affairs of life. See Davis v. State, 77 Ark. App. 130, 72 S.W.3d 121 (2002).

In this case, appellant maintains that the State failed to meet its burden in proving that she inflicted serious physical injury acting under circumstances manifesting extreme indifference to the value of human life upon Oates, as required by section 5-13-201(a)(3). She contends that the testimony supports that there was no plan by her to inflict serious physical injury on Oates and that she did not create a physical injury that created a substantial risk of death or one that caused a prolonged disfigurement, impairment, or loss of bodily function.

| .^Appellant urges that the State’s case, at best, was based upon inconsistent testimony that she may have kicked Oatés. She argues that case law, such as Tigue v. State, 319 Ark. 147, 889 S.W.2d 760 (1994), establishes that manifesting extreme indifference to the value of human life requires that the circumstances by necessity be dire and formidable in terms of affecting human life. Further, it involves actions that create risk of death, which evidence the mental state to engage in some type of life-threatening activity against the victim. Appellant argues that even if she did participate in kicking Oates, that is not an act of serious physical injury under circumstances manifesting extreme indifference to the value of human life, and accordingly, her conviction was not supported by substantial evidence.

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Bluebook (online)
2011 Ark. App. 73, 381 S.W.3d 134, 2011 Ark. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-state-arkctapp-2011.