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

• The Defendant was convicted of aggravated battery on a household member, specifically accused of strangling or suffocating the victim, who was a household member. The incident allegedly occurred on or about December 28, 2022. The victim testified that the Defendant put his arm around her neck, squeezed hard enough that she urinated on herself, and she was losing air, hearing herself making a gurgling sound, and believed she was close to death. The victim also mentioned that her larynx was damaged, and her voice has sounded different since the incident. Photos showing bruises, scratches on the victim's neck, and bite marks on her finger were submitted as evidence.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Defendant-Appellant: Argued that there was insufficient evidence to support his conviction for aggravated battery on a household member, specifically questioning the sufficiency of evidence to prove the act of strangulation beyond a reasonable doubt.
• Plaintiff-Appellee: Relied primarily on the victim's testimony to prove the charge of aggravated battery by strangulation or suffocation, supported by photos and a SANE nurse's diagnosis based on the victim's statements.

Legal Issues

• Whether there was sufficient evidence to support the Defendant's conviction for aggravated battery on a household member through strangulation or suffocation.

Disposition

• The Court of Appeals affirmed the Defendant's conviction for aggravated battery on a household member.

Reasons

• ATTREP, Chief Judge, with DUFFY, Judge, and YOHALEM, Judge, concurring:
  The Court applied the standard test for sufficiency of the evidence, viewing the evidence in the light most favorable to the guilty verdict and disregarding evidence supporting a different result. The jury instructions defined the elements the State needed to prove for the conviction, including the act of strangulation or suffocation, the intent to injure, and the resulting or potential great bodily harm. The Court found that the victim's testimony alone was sufficient to affirm the conviction, supported by the physical evidence of bruises, scratches, and the SANE nurse's diagnosis based on the victim's statements. The Court concluded that substantial evidence supported the jury's finding that the Defendant strangled or suffocated the victim, affirming the conviction based on the sufficiency of evidence standard (paras 2-5).