State v. Barrera
| Decision Date | 27 August 2013 |
| Docket Number | 2013 Unpublished Opinion No. 640,Docket No. 39564 |
| Parties | STATE OF IDAHO, Plaintiff-Respondent, v. BENSON BARRERA, Defendant-Appellant. |
| Court | Court of Appeals of Idaho |
Stephen W. Kenyon, Clerk
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Darla S. Williamson, District Judge.
Judgment of conviction for aggravated assault, affirmed.
Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.
Benson Barrera appeals from his judgment of conviction for aggravated assault. For the reasons set forth below, we affirm.
This case arose from an incident where Barrera head-butted a man during a verbal altercation. The head-butt resulted in a gash above the left eye of the victim. The state originally charged Barrera with aggravated battery, but later amended the charge to aggravated assault. I.C. §§ 18-901, 18-905(a). The following evidence was adduced at jury trial.
In 2010, Barrera and the wife of the victim began an intimate relationship. A few months later, the victim encountered Barrera in a restaurant. The victim, aware Barrera was the man having an affair with his wife, asked Barrera to step outside and talk. The two exchanged words outside and subsequently parted ways. A few weeks later, Barrera and the victim crossed pathsagain. This meeting also consisted of the two exchanging words and ended without violence. The intimate relationship between Barrera and the victim's wife ended in May or June of 2010.
On January 15, 2011, the victim encountered Barrera a third time while in downtown Boise. Barrera contended that he first happened upon the victim at a bar and that, as the victim passed by him, the victim insulted Barrera using vulgar invective. Barrera testified that the comment bothered him, but he did not respond. After seeing the victim, Barrera exchanged a number of text messages with the victim's wife.
Barrera, who was with two friends, a date, and his date's friend, left the bar around 2:00 a.m. and headed to an eatery across the street. As Barrera and his friends sat inside the eatery, the victim and his friends also entered. The victim and Barrera engaged in another verbal altercation, during which an employee of the eatery threatened to call the police. Both men left separately with their respective friends.1
As the victim and his friends began walking in the direction of the victim's car,2 they again encountered Barrera. According to the victim, after a brief exchange of words, Barrera took off his coat and grabbed the victim by his shirt. Barrera lost his grip on the victim's shirt, after which Barrera grabbed the victim by the neck and head-butted him. The skin above the victim's eye split open and blood began running down the victim's face. Barrera's version of events differed in that he claimed the victim grabbed him first and Barrera then grabbed hold of the victim. Barrera also testified that his head accidently made contact with the victim's head while Barrera was being restrained from behind and attempting to pull free. After the blow to the victim's head, the parties separated Barrera and the victim. The victim sought medical attention the next day when he became concerned about the severity of his wound. At the hospital, medical personnel notified police and the victim subsequently made a statement regarding the incident. A jury found Barrera guilty of aggravated assault. The district court granted Barrera's request for a withheld judgment and placed him on probation for five years. Barrera appeals.
Barrera argues that the evidence adduced at trial was insufficient to support a conviction for aggravated assault because it did not establish that the head-butt constituted a means or force likely to produce great bodily harm. The state argues that sufficient evidence was provided at trial from which the jury could find Barrera committed an aggravated assault.
Appellate review of the sufficiency of the evidence is limited in scope. A finding of guilt will not be overturned on appeal where there is substantial evidence upon which a reasonable trier of fact could have found that the state sustained its burden of proving the essential elements of a crime beyond a reasonable doubt. State v. Herrera-Brito, 131 Idaho 383, 385, 957 P.2d 1099, 1101 (Ct. App. 1998); State v. Knutson, 121 Idaho 101, 104, 822 P.2d 998, 1001 (Ct. App. 1991). We will not substitute our view for that of the trier of fact as to the credibility of the witnesses, the weight to be given to the testimony, and the reasonable inferences to be drawn from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 108 Idaho 683, 684, 701 P.2d 303, 304 (Ct. App. 1985). Moreover, we will consider the evidence in the light most favorable to the state. Herrera-Brito, 131 Idaho at 385, 957 P.2d at 1101; Knutson, 121 Idaho at 104, 822 P.2d at 1001.
Aggravated assault, as pertinent here, requires a showing that the defendant committed an assault by "any means or force likely to produce great bodily harm." I.C. § 18-905(b). At trial, the state presented evidence that Barrera intentionally struck his head against the victim's. The state further produced expert testimony from an emergency room physician with extensive experience in treating critical injuries. This physician testified that his specialty was emergency medicine and that he had previously worked in a trauma center, dealing with the most critical and severely injured patients. While working there, he observed numerous head-butt cases. The physician testified that head-butt cases come to the emergency room because the "potential for the significance of the mechanism does potentially lend itself to some significant injury."
The physician further testified that head-butts are particularly dangerous because they can cause a circumstance where the brain begins to bleed into a confined space, building up intracranial pressure. The physician testified that, when a head-butt is applied with adequate force, the result can be a life threatening injury. Moreover, when the state inquired as to whether"a head-butt [was] the type of mechanism that is likely to cause great bodily harm," the physician responded, "Absolutely."
Barrera emphasizes that the state's expert was not asked whether the means alleged in this case--specifically, a head-butt "with force great enough to necessitate stitches above the victim's left eye,"--was likely to cause great bodily harm. Barrera also relies upon evidence presented by the state which indicated that, if Barrera were ever in a fight, he planned to execute a head-butt and would be careful so as not to break the other individual's jaw. Barrera contends these are flaws in the state's case that render the evidence insufficient for aggravated assault.
However, Barrera's argument misconstrues the required showing for an aggravated assault. In discerning whether the evidence is sufficient on this element, we do not look to the injuries or harm actually inflicted, but to whether the jury could reasonably find that the means or force used was likely to cause great bodily harm. State v. Horejs, 143 Idaho 260, 263, 141 P.3d 1129, 1132 (Ct. App. 2006). The emergency room physician called by the state specifically testified that a head-butt was a type of means likely to produce great bodily harm. This is substantial evidence upon which a reasonable trier of fact could have found that the state sustained its burden.
Barrera next argues that the district court erred in responding to a question from the jury. Barrera contends the district court's response improperly instructed the jury as to the requisite mental state for aggravated assault. The state contends that Barrera acquiesced in the district court's response and, therefore, this claim is precluded under the invited error doctrine.
During deliberations, the jury asked, regarding Instruction No. 11, The district court initially indicated it would respond as follows:
Barrera objected, contending the response should use the phrase "particular violent injury" as opposed to "any particular injury." After lengthy discussion between the district court, the state and Barrera, the district court acquiesced in Barrera's request and asked, "What did you want?" Barrera responded, "The state still must prove and make the reference to violent injuryor make the reference to great bodily harm." Next, the district court proposed that it make the following addition: "It is for you to decide if there was an assault and if it was done by any means or force likely to produce great bodily harm." The district court asked Barrera if this was acceptable, and Barrera requested the district court modify "any means" to read "a means." The district court complied with this request and submitted the response to the jury.
The doctrine of invited error applies to estop a party from asserting an error when his or her own conduct induces the commission of the error. State v. Atkinson, 124 Idaho 816, 819, 864 P.2d 654, 657 (Ct. App. 1993). One may not complain of errors one has consented to or acquiesced in. State v. Caudill, 109...
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