Sizemore v. State, CR-95-384
| Decision Date | 27 September 1996 |
| Docket Number | CR-95-384 |
| Citation | 686 So.2d 544 |
| Parties | Michael SIZEMORE v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Rhonda S. Slayton, Birmingham, for Appellant.
Jeff Sessions, Atty. Gen., and Frances Clement, Asst. Atty. Gen., for Appellee.
The appellant, Michael Sizemore, was convicted of assault in the second degree, a violation of § 13A-6-21, Code of Alabama 1975, and was sentenced to 10 years in the state penitentiary.
The appellant contends, and the state concedes, that reversible error occurred when the trial court gave erroneous instructions to the jury regarding the offense of assault in the second degree.
The appellant was indicted for assault in the first degree. The trial court refused to charge the jury on assault in the first degree, stating that no proof had been presented of serious physical injury necessary to satisfy the element in the first degree assault statute. The trial court gave the following instruction on assault in the second degree:
(Emphasis added.) The statute defining assault in the second degree provides as follows:
Section 13A-6-21, Code of Alabama 1975.
The trial court's instruction failed to correctly state the law on assault in the second degree in that it failed to distinguish between the three statutory variations of assault in the second degree.
Furthermore, the trial court's refusal to instruct the jury on assault in the first degree was error. As the Alabama Supreme Court stated in Anderson v. State, 686 So.2d 381 (Ala.1996): " 'Serious physical injury' is defined...
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A.L.L v. State of Ala.
...to create a jury question as to whether the victim had suffered "serious physical injury" as defined by statute. In Sizemore v. State, 686 So.2d 544 (Ala.Crim.App. 1996), this Court rejected a trial court's finding that an injury had to be "life-threatening" before it would constitute "seri......
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Marlowe v. State
...to create a jury question as to whether the victim had suffered "serious physical injury" as defined by statute. In Sizemore v. State, 686 So.2d 544 (Ala.Crim.App.1996), this Court rejected a trial court's finding that an injury had to be "life-threatening" before it would constitute "serio......
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A.L.L. v. State, No. CR-06-1500 (Ala. Crim. App. 9/26/2008)
...to create a jury question as to whether the victim had suffered "serious physical injury" as defined by statute. In Sizemore v. State, 686 So. 2d 544 (Ala. Crim. App. 1996), this Court rejected a trial court's finding that an injury had to be "life-threatening" before it would constitute "s......
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Reck v. State Of Ala.
...evidence of "serious physical injury" based on treating physician's testimony and victim's testimony). See also Sizemore v. State, 686 So. 2d 544 (Ala. Crim. App. 1996) (finding sufficient evidence of "serious physical injury" where victim testified regarding extent of her injuries followin......