AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In the summer of 2015, the relationship between the Defendant and his wife (Victim) became strained due to the Defendant discovering the Victim's affair. On July 10, 2015, the Defendant attempted to set the Victim's clothing on fire in response to the affair. On July 16, 2015, after receiving a text from the wife of the man with whom the Victim was having the affair, the Defendant handcuffed the Victim, physically assaulted her, and forcibly pierced her private parts. The Victim was threatened with a gun and instructed to lie about her injuries as resulting from a four-wheeler accident. The Victim's stepmother, a nurse, later insisted she be taken to the hospital despite the Defendant's objections (paras 3-6).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Defendant): Argued that the convictions for intimidation of a witness and aggravated battery against a household member (great bodily harm) were not supported by sufficient evidence (para 1).
• Appellee (State): Contended that there was sufficient evidence to support both convictions against the Defendant (para 1).

Legal Issues

• Whether the conviction for intimidation of a witness is supported by sufficient evidence.
• Whether the conviction for aggravated battery against a household member (great bodily harm) is supported by sufficient evidence.

Disposition

• The conviction for intimidation of a witness was affirmed.
• The conviction for aggravated battery against a household member (great bodily harm) was reversed and remanded for re-sentencing and further proceedings consistent with the opinion (para 24).

Reasons

• Per LINDA M. VANZI, Chief Judge (STEPHEN G. FRENCH, Judge, and HENRY M. BOHNHOFF, Judge, concurring):
  The court found sufficient evidence to support the conviction for intimidation of a witness, citing the Defendant's actions and threats to prevent the Victim from truthfully reporting the crimes to law enforcement (paras 11-16). However, the court agreed with the Defendant that there was insufficient evidence to support the conviction for aggravated battery against a household member (great bodily harm). The court noted that the only evidence of strangulation came from the SANE's testimony and report, which did not conclusively prove that the Defendant's actions were likely to result in death or great bodily harm to the Victim as required by the jury instruction (paras 20-23).