Terry Michael Sizemore v. State, 387 S.W.3d 824

Sizemore was convicted of aggravated assault and sentenced to 15 years; appeal argues insufficient evidence of serious bodily injury.
On Feb. 6, 2011, Michie visited Smith (Sizemore’s girlfriend); a fight between Sizemore and Smith occurred.
Michie intervened and was bitten by Sizemore, resulting in a missing piece of her right ear.
Police observed Michie bleeding heavily and Sizemore displaying blood on his face; Sizemore was combative and arrested.
Medical records describe a large ear avulsion requiring complex repair and anticipated multi-stage reconstruction; photos show disfigurement.
Standard of review is Jackson v. Virginia; trial evidence is sufficient if a rational trier of fact could find all elements beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proves serious bodily injury	Sizemore contends evidence fails	State argues injury was serious bodily injury	Sufficient evidence to prove serious bodily injury

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard; rational juror could find guilt beyond reasonable doubt)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for reviewing sufficiency of evidence)
Stuhler v. State, 218 S.W.3d 706 (Tex. Crim. App. 2007) (evidentiary dissection of serious bodily injury considerations)
Fancher v. State, 659 S.W.2d 836 (Tex. Crim. App. 1983) (case-based approach to serious bodily injury factors)
Moore v. State, 739 S.W.2d 347 (Tex. Crim. App. 1987) (scarring alone not conclusive; factors for disfigurement)
Hernandez v. State, 946 S.W.2d 108 (Tex. App. 1997) (significant cosmetic deformity required beyond mere scarring)