Case Information
*1 MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
A TTORNEY FOR A PPELLANT A TTORNEYS FOR A PPELLEE Valerie K. Boots Curtis T. Hill, Jr.
Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Henry A. Flores, Jr.
Deputy Attorney General Indianapolis, Indiana I N T H E
COURT OF APPEALS OF INDIANA Curtis Richards, September 25, 2017 Court of Appeals Case No. Appellant-Defendant,
49A05-1611-CR-2560 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Christina Klineman, Judge Appellee-Plaintiff.
The Honorable Travis Sandifur, Pro Tempore Trial Court Cause No. 49G17-1512-F6-42945 Robb, Judge.
Case Summary and Issue
[1] Following a bench trial, Curtis Richards was convicted of battery resulting in
serious bodily injury, a Level 5 felony; strangulation, a Level 6 felony; and domestic battery in the presence of a child, a Level 6 felony. Richards now appeals, raising one issue for our review: whether there was sufficient evidence to support his conviction of battery resulting in serious bodily injury. Concluding the evidence is sufficient to support his conviction, we affirm.
Facts and Procedural History On the evening of December 2, 2015, Richards and Raimona Harris began
ar guing in Harris’ home. Their argument escalated and an altercation ensued, resulting in Richards choking Harris. Harris attempted to stop Richards by hitting and pushing him. After a brief pause in their fight, the couple began arguing again and Richards pinned Harris down on the couch and placed his hands around her neck. One of Harris’ children observed Richards “swinging at her” and Harris recalled “seeing this white light, like I had got hit.” Transcript, Volume 2 at 103, 142. Following the fight, Harris’ right eye was bleeding and her vision was blurry. As a result of the fight, Harris suffered a right orbital bone fracture and a
laceration to her eyelid. The laceration required sutures and Harris underwent *3 surgery to repair her orbital bone. Due to the fracture and surgery, Harris had various complications with her eye including swelling, bleeding, accumulation of pus, and infection, requiring multiple visits to the emergency room. Harris was prescribed pain medication and antibiotic ointment to alleviate the pain. The State charged Richards with battery resulting in serious bodily injury, a Level 5 felony; strangulation, a Level 6 felony; domestic battery in the presence of a child, a Level 6 felony; and battery, a Class A misdemeanor. Following a bench trial, the trial court found Richards guilty on all counts and entered judgment of conviction for battery resulting in serious bodily injury, strangulation, and domestic battery. The trial court sentenced Richards to an aggregate three-year sentence; one and one-half years served in home detention with the remaining time suspended to probation. Richards now appeals.
Discussion and Decision
I. Standard of Review In reviewing challenges to the sufficiency of the evidence to support a conviction, this court will not reweigh evidence or assess the credibility of witnesses. Holloway v. State , 51 N.E.3d 376, 378 (Ind. Ct. App. 2016), trans. denied . We consider only the evidence most favorable to the judgment together *4 with all reasonable inferences that can be drawn therefrom. Id. We will affirm a conviction if a reasonable trier of fact could have found the defendant guilty based on the probative evidence and reasonable inferences drawn therefrom. Id.
II. Serious Bodily Injury Richards ’ sole argument is there is insufficient evidence to support Richards’
conviction for battery resulting in serious bodily injury. Specifically, Richards asserts the State failed to present evidence Harris suffered a serious bodily injury. [3] Indiana law defines “serious bodily injury” as a “ bodily injury that creates a
substantial risk of death or that causes . . . (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss or impairment of the function of a bodily member or organ; or (5) los s of a fetus.” Ind. Code § 35-31.5-2-292. “Protracted” means to “draw out or lengthen in time” and “impairment” means “the fact or state of being dam aged, weakened, or diminished.” Mann v. State , 895 N.E.2d 119, 122 (Ind. Ct. App. 2008). There is no bright line rule in determining what is a “bodily injury” [4] and what is a “serious bodily injury , ” and our appellate courts give considerable deference *5 to the trier-of- fact’s determination that a bodily injury is a “serious bodily injury.” Davis v. State , 813 N.E.2d 1176, 1178 (Ind. 2004).
[8] Here, as a result of Richards’ actions, Harris suffered a bloody eye and blurry
vision. After being in the emergency room for several hours, Harris was diagnosed with a fractured orbital bone and a laceration to the eye requiring sutures to heal. Harris’ fractured orbital bone required surgery to repair and that healing process was impaired by swelling, bleeding, and an accumulation of pus, requiring multiple visits to the emergency room over several months. Further, Harris was discharged from the emergency room with a prescription pain medication. We conclude sufficient evidence exists for a reasonable fact- finder to determine Harris suffered a serious bodily injury. See Mendenhall v. State , 963 N.E.2d 553, 569-70 (Ind. Ct. App. 2012) (holding evidence victim’s right eye was swollen shut and he suffered from a displaced zygomatic arch fracture and a right orbital fracture was sufficient to show he suffered protracted loss or impairment of his right eye), trans. denied .
Conclusion Richards’ conviction for battery resulting in serious bodily injury is supported
by sufficient evidence. Accordingly, we affirm. Affirmed.
Riley, J., and Pyle, J., concur.
[1] Richards does not dispute his convictions for strangulation and domestic battery.
[2] The trial court merged Richards’ conviction for battery as a Class A misdemeanor with his conviction for battery resulting in serious bodily injury.
[3] A battery resulting in “serious bodily injury” elevates what would otherwise be a Class A misdemeanor to a Level 5 felony. Ind. Code § 35-42-2-1(f)(1) (2014).
[4] “Bodily injury” is defined as “any impairment of physical condition, including physical pain.” Ind. Code § 35-31.5-2-29.