State v. PetionAnnotate this Case
The Supreme Court reversed in part the judgment of the appellate court affirming Defendant's conviction of two counts of assault in the first degree, holding that the evidence was insufficient to support Defendant's conviction.
At issue in this appeal was what parameters should be used by the trier of fact to assess whether a defendant has inflicted serious physical injury in the form of serious disfigurement to be found guilty of assault in the first degree. Defendant argued that a forearm scar sustained by one victim was insufficient for the jury to find the serious physical injury necessary to support the charge of assault in the first degree. The Supreme Court agreed, holding (1) the victim's disfigurement was not of a magnitude that could be found to substantially detract from the victim's appearance, and therefore, the evidence was insufficient to meet the threshold for serious disfigurement; and (2) the State was not entitled to have Defendant's conviction modified.