State v. Lowery, 228 N.C. App. 229

Defendant was indicted on assault by strangulation, assault on a female, habitual misdemeanor assault, and attaining habitual felon status.
Trial held February 13, 2012 in Forsyth County Superior Court before Judge Richard L. Doughton.
Prosecution evidence: Erica Jacks reported being assaulted by Defendant at Burke Ridge Apartments and storage unit; strangulation occurred; injuries included bruises, bite marks, and neck injuries.
Medical examiner testimony by Sara Santiago supported that injuries were consistent with strangulation; expert acknowledged variability in strangulation injuries.
Defendant moved to dismiss after both sides rested; motions denied; jury convicted on habitual misdemeanor assault, assault inflicting physical injury by strangulation, and attaining habitual felon status.
Appellate issue: whether the evidence was sufficient to prove assault by strangulation caused physical injury; standard of review de novo on motion to dismiss.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the evidence sufficient to prove assault by strangulation causing physical injury?	State contends injuries were caused by strangulation.	Braxton-style evidence insufficient to prove causation.	Yes; sufficient evidence shows strangulation caused injuries.
Does § 14-32.4(b) require more than inherently caused injuries by strangulation?	Statute requires proving element of physical injury by strangulation.	No extra injury standard; plain meaning supports current interpretation.	No heightened injury requirement; evidence supports all elements.
Was the trial court correct to deny dismissal based on evidence presented?	Evidence met substantial-evidence standard for each element.	No substantial-evidence connection between strangulation and injuries.	Reasonable juror could find guilt; denials upheld.

State v. Braxton, 183 N.C. App. 36, 643 S.E.2d 637 (2007) (evidence of strangulation with sufficent pressure to cause breathing difficulty qualifies)
State v. Little, 188 N.C. App. 152, 654 S.E.2d 760 (2008) (neck injuries and bruising support assault by strangulation elements)
State v. Williams, 201 N.C. App. 161, 689 S.E.2d 412 (2009) (elements of assault by strangulation stated; bruising suffices)
State v. Smith, 186 N.C. App. 57, 650 S.E.2d 29 (2007) (standard for reviewing denial of motion to dismiss; de novo review)
Nelson v. Battle Forest Friends Meeting, 335 N.C. 133, 436 S.E.2d 122 (1993) (interpretation of statutory plain meaning; when unambiguous, rely on ordinary meaning)