Flores v. State, 403 P.3d 993

Neighbors reported Flores yelling threats from his apartment; officers Allen and Zabriskie responded and found no answer at doors.
Management forced entry; Allen saw Flores blocking a doorway and a very intoxicated man on a bed; Flores resisted officer movement and was taken to the floor for handcuffing.
Officers escorted Flores to a patrol vehicle about half a block away; Flores repeatedly pulled, pushed, and threatened the officers while being searched.
During placement in the rear of the patrol vehicle, Flores pulled his knees to his chest and kicked Zabriskie in the solar-plexus area, striking a rigid plate in the officer’s vest and causing pain and tenderness for days.
Flores was convicted of misdemeanor breach of the peace, misdemeanor interference (Allen), and felony interference (kicking Zabriskie). He appealed only the sufficiency of evidence for the felony conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence sufficient to prove Flores intentionally and knowingly caused bodily injury to Officer Zabriskie under § 6-5-204(b)?	The State argued the video and testimony show intentional, forceful kicking causing pain; prosecutor expressly proceeded on actual-causing theory.	Flores contended the kick was reflexive (an undirected reaction to being placed on his back) and thus not an intentional act causing injury.	Yes. A rational juror could find intentional conduct and resulting bodily injury beyond a reasonable doubt; conviction affirmed.

Bush v. State, 908 P.2d 963 (Wyo. 1995) (discusses problems when charging instruments and instructions present alternative elements)
Tanner v. State, 57 P.3d 1242 (Wyo. 2002) (addresses reliance on prosecutor conduct to resolve alternative-element issues)
Simmons v. State, 72 P.3d 803 (Wyo. 2003) (addresses verdicts supported on alternative grounds and when to set aside convictions)
Brown v. State, 332 P.3d 1168 (Wyo. 2014) (standard for sufficiency review; view evidence in light most favorable to State)
Grimes v. State, 304 P.3d 972 (Wyo. 2013) (officer testimony of pain suffices to prove "bodily injury")
Mascarenas v. State, 76 P.3d 1258 (Wyo. 2003) (clarifies that statute does not require particular degree of pain for bodily injury)