State v. Pena

Defendant assaulted a victim with a knife or other sharp object, injuring the victim’s hand, leg, and abdomen. A jury found Defendant guilty of three counts of aggravated assault, one for each wound. Defendant was convicted under Ariz. Rev. Stat. 13-1204(A)(3), which states that an assault is aggravated if it is committed “by any means of force that causes temporary but substantial disfigurement…of any body part.” The court of appeals affirmed the hand-injury conviction but reversed the abdominal-injury conviction. Both parties sought review, each arguing that the court of appeals misinterpreted the phrase “temporary but substantial disfigurement.” The Supreme Court reversed in part, holding (1) the court of appeals did not err in concluding that the location of an injury does not determine whether it is disfiguring; (2) the court of appeals erred in suggesting that the “duration” of a temporary injury is relevant in determining whether a person has been disfigured and in suggesting that a substantial injury must be comparable to a fracture or the loss of an organ or body part; and (3) sufficient evidence supported the jury’s finding that the victim’s abdominal injury constituted a “temporary but substantial disfigurement.” View "State v. Pena" on Justia Law