Jackson-Flavius v. People, 57 V.I. 716

Jackson-Flavius challenged conviction for third-degree domestic assault after March 28, 2010 altercation with Jno-Lewis.
The parties presented conflicting trial accounts; prosecution described a knife assault, defense claimed self-defense.
Trial court instructed on self-defense and 297(2) elements; no objection to the instructions was raised.
Judgment entered August 23, 2010; sentence: two years with all but one day suspended, credit for one day served, plus two years probation.
Appeal argued four issues: erroneous jury instructions, failure to prove absence of self-defense, improper lay-witness age of wound, and illegal split-sentence.
Court affirms conviction and sentence after reviewing the record and precedents.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were the jury instructions erroneous?	Jackson-Flavius contends §2251 terms rendered the deadly weapon definition misleading.	People argues terms were synonymous and correctly defined deadly/dangerous weapon.	Not reversible error; instructions properly defined deadly/dangerous weapon.
Did the People prove absence of self-defense beyond a reasonable doubt?	Jackson-Flavius argues evidence showed self-defense and burden shift was misapplied.	People satisfied burden after defendant introduced self-defense evidence.	Yes; jury properly rejected self-defense and verdict affirmed.
Was the sentence an illegal split-sentence?	Two years’ imprisonment with one day served plus two years’ probation could exceed the maximum when combined.	Statute allows probation with discretion; sentence not illegal.	No abuse of discretion; sentence within statutory maximum and proper due to discretionary probation.
Did the trial court abuse in admitting lay opinion on wound age?	Age of wound required medical/expert testimony.	Lay witness testimony adequately described bruise age; no expert needed.	No abuse; admission was proper and harmless.

Prince v. People, 57 V.I. 399 (V.I. 2012) (interchangeable use of deadly and dangerous weapon terms; not confusing to jury)
Christopher v. People, 57 V.I. 513 (V.I. 2012) (deadly vs dangerous weapon definitions informed by use and likelihood of serious harm)
Phipps v. People, 54 V.I. 543 (V.I. 2011) (burden to disprove self-defense upon evidence of self-defense)
Murrell v. People, 54 V.I. 327 (V.I. 2010) (illegal split-sentence analysis when incarceration plus probation exceeds maximum)
Brown v. People, 55 V.I. 496 (V.I. 2010) (probation considerations and discretion in sentencing)