Nick N.Feizy v. State, 06-14-00230-CR

Defendant (Appellant) charged with assault causing bodily injury (family violence) for pinching his wife, L.F., on neck, side, and back; charged under Tex. Penal Code § 22.01.
Incident: after swim lesson, Appellant allegedly became angry, pinched L.F., and poked her with a dental tool while taunting their child; L.F. called 911 and described being pinched and trapped in a bathroom with the child.
Responding officers observed red marks on L.F.’s neck, side, and back, photographed the marks, and recorded that L.F. complained of pain; Officer Newton testified marks were consistent with pinching.
Appellant testified L.F. caused injuries to him (he produced a photograph of a bruise on his arm) and offered alternative explanations for L.F.’s marks (door striker, child pushing, backing into window ledge); denied presence of dental tools and minimized his intoxication.
Jury convicted Appellant; sentence: 180 days in county jail, suspended for 12 months. The State’s appellate brief argues the evidence is legally sufficient to link Appellant’s conduct to L.F.’s bodily injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency: whether evidence links Appellant’s conduct to victim’s bodily injury	Photographs, 911 call, officer observations, and victim testimony show red marks consistent with pinching and that the marks were painful; a rational jury could find causation beyond a reasonable doubt	Marks could be self-inflicted, caused by the child, by contact with bathroom fixtures, or by L.F. herself; competing accounts undermine causation	Court (via State brief) concludes evidence is sufficient and jury verdict should be upheld

Jackson v. Virginia, 443 U.S. 307 (standard for appellate sufficiency review)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (view evidence in light most favorable to verdict)
Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (consider all evidence, direct and circumstantial)
Temple v. State, 390 S.W.3d 341 (Tex. Crim. App. 2013) (jury as factfinder on credibility)
Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989) (broad construction of bodily injury)
Arzaga v. State, 86 S.W.3d 767 (Tex. App.—El Paso 2002) (minor injuries can satisfy bodily injury)
Harris v. State, 164 S.W.3d 775 (Tex. App.—Houston [14th Dist.] 2005) (reddening and scratches may support bodily injury)
In re I.L., 389 S.W.3d 445 (Tex. App.—El Paso 2012) (red marks, swelling, pain and photos support bodily injury)
In re M.C.L., 110 S.W.3d 591 (Tex. App.—Austin 2003) (discussed by appellant; distinguishing facts required)
Goodin v. State, 750 S.W.2d 857 (Tex. App.—Corpus Christi 1988) (physical intrusion/cut or scrape can show bodily pain)