Harris v. State, 480 S.W.3d 229

Victim Christie Kidd and appellant Marlo Harris had lived together for over a year and broke up in May 2014; Harris did not remove his belongings from the shared apartment.
On May 30, 2014, at ~10:00 p.m., Kidd testified she was attacked while walking back to her apartment; she identified Harris by voice and sight (streetlight) and said he struck her multiple times with a black object.
Kidd suffered a deep laceration to the back of her head (requiring staples), a gash in her hand (requiring stitches), and a hematoma; the treating nurse testified these were serious physical injuries.
Kidd called 911 minutes after the attack and identified Harris as her assailant; Harris fled in a vehicle after the assault.
Harris presented an alibi that he was in Tunica/Robinsonville, Mississippi, with family from May 28 to June 8, 2014; his estranged wife confirmed giving him a ride to Tunica on May 28 but could not account for his whereabouts afterward.
At the bench trial the circuit court found Kidd credible, denied Harris’s motion to dismiss (sufficiency challenge), convicted him of second-degree domestic battery, and sentenced him to 18 months in prison (with a subsequent suspended term) and various fees; Harris appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict Harris of 2nd-degree domestic battery	State: Kidd’s identification, injury severity, and testimony establish intent and serious physical injury	Harris: Alibi placing him in Mississippi; Kidd motivated by vengeance; identification unreliable	Affirmed — substantial evidence supports conviction; credibility for alibi resolved against Harris

Houpt v. State, 249 Ark. 485, 459 S.W.2d 565 (1970) (when testimony places defendant in conflicting locations, factfinder may choose which testimony to believe)