Johnson v. State, 2017 Ark. App. 71

Defendant Deion Johnson shot Tracy Samuels three times after a dispute that traced back to Johnson briefly taking Samuels’s dog; Samuels had returned the dog earlier and there was no contact until the shooting.
The shooting occurred when Samuels approached Johnson’s car; Johnson opened his door and fired, then fled from police and was later apprehended.
Samuels testified he was shot in the head, neck, and chest; one bullet struck his diaphragm, liver, and intestines, and he lost a kidney; he underwent multiple surgeries and hospital stays and suffered ongoing infection requiring antibiotics and drainage tubes.
The jury convicted Johnson of unlawful discharge of a firearm from a vehicle (first degree), first-degree battery, and fleeing; Johnson appealed the first two convictions challenging sufficiency of the evidence as to "serious physical injury."
The trial evidence included Samuels’s testimony, testimony from Samuels’s brother who heard shots and saw blood, and multiple photographs of wounds and blood on the roadway.
The appellate standard: motions for directed verdict are treated as challenges to sufficiency; the court views evidence in the light most favorable to the State and defers to the jury on credibility and factfinding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove "serious physical injury" required for first-degree unlawful discharge and first-degree battery	Samuels’s testimony, corroborating witness, and photographs show multiple gunshot wounds, loss of a kidney, surgeries, prolonged infection and treatment — meeting the statutory "protracted impairment of health" element	No medical expert testimony was offered; thus the State failed to prove the shared element of serious physical injury	Affirmed. The jury could rely on lay testimony and exhibits to find serious physical injury; expert testimony was not required

Reynolds v. State, 492 S.W.3d 491 (discusses sufficiency standard on appeal)
Williamson v. State, 381 S.W.3d 137 (serious physical injury is ordinarily for the trier of fact)
Bangs v. State, 998 S.W.2d 738 (same)
Brown v. State, 65 S.W.3d 394 (victim’s ultimate recovery does not preclude serious-injury finding)
Hughes v. State, 467 S.W.3d 170 (expert medical testimony not required to prove serious physical injury)
Johnson v. State, 764 S.W.2d 621 (nonmedical testimony can show serious physical injury)
Bell v. State, 259 S.W.3d 472 (protracted impairment need not be permanent)