State v. Yazzie
402 P.3d 165
Utah Ct. App.2017Background
- Victim visited Yazzie's home; over several days they drank, argued, and Yazzie assaulted her repeatedly.
- Victim suffered multiple injuries: bite marks, punctures to her lip, bruises consistent with blunt-force trauma (including a circular bruise like a hammer head near her tailbone), genital lacerations, and other bruising.
- Victim and a nurse both reported Yazzie struck her on the back with an object; Victim described a “skinny round stick” at trial but told the nurse he hit her with a hammer; the nurse testified the mark was consistent with a hammer strike and photographs were admitted.
- The State charged Yazzie with aggravated kidnapping, rape, and two counts of aggravated assault (one assault count later dismissed). The jury acquitted on kidnapping and rape but convicted on aggravated assault.
- Yazzie appealed, arguing plain-error review: the evidence was insufficient to prove the aggravated-assault element that he used (a) a dangerous weapon or (b) other means or force likely to produce serious bodily injury.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Yazzie) | Held |
|---|---|---|---|
| Whether evidence supported aggravated-assault conviction based on use of a "dangerous weapon" | Evidence that Victim was struck with an object (nurse described hammer-like circular bruise) permitted a reasonable jury to find Yazzie used a dangerous weapon | Insufficient: no weapon recovered, Victim’s trial description was a stick; jury would have to speculate that a hammer (or weapon) was used | Affirmed — jury could reasonably find hammer or stick was used as a dangerous weapon; factual question for jury (no plain error) |
| Whether evidence supported aggravated-assault conviction based on "other means or force likely to produce serious bodily injury" | Victim’s extensive, multi-site injuries from a prolonged assault supported inference that force used was likely to produce serious bodily injury | Insufficient as a matter of law to prove means/force likely to cause serious bodily injury | Affirmed — extent and type of injuries made this a jury question and supported conviction (no plain error) |
Key Cases Cited
- State v. Holgate, 10 P.3d 346 (Utah 2000) (plain-error standard for submitting a case to the jury)
- State v. C.D.L., 250 P.3d 69 (Utah Ct. App. 2011) (an otherwise nondeadly object may be a dangerous weapon based on actual use; factual question for the jury)
- State v. Martinez, 357 P.3d 27 (Utah Ct. App. 2015) (whether force is likely to cause serious bodily injury is a jury question; victim’s injuries are probative)
- State v. Nielsen, 326 P.3d 645 (Utah 2014) (standard for reviewing sufficiency of the evidence; view evidence in light most favorable to verdict)