News and Tribune

Clark County

February 13, 2013

State court reviews conviction

Appeal entered by defense not approved

(Continued)

INDIANAPOLIS —

“Without such an explanation, [the defense] cannot show that the trial court abused its discretion when it denied [its] motion to continue trial,” the decision read.

In review of the defense’s assertion that there was not sufficient evidence to support the conviction, the state outlines that to prove a class C felony battery, the contested conviction, the state was required to show that Johnson knowingly or intentional touched the victim in a rude, insolent, or angry manner resulting in serious bodily injury — the act of Johnson biting his girlfriend on the face and finger causing bleeding and pain. To meet state statute, the act must result in an injury that caused extreme pain.

“[The defense’s] sole contention on appeal is that the state did not prove beyond a reasonable doubt that [Johnson’s] conduct caused [the victim] to experience extreme pain,” the manuscript states.

The document references the victim’s testimony that Johnson, “bit into [her] face really, really hard. He bit into [her] face so hard it broke [her] nose and [she] had to have stitches. [She] actually thought he [had] bit [her] nose off.”

Judges included in the document that the victim had received six stitches on her face and appeared at the trial with a scar on her face from the bite.

The appeal court found that sufficient evidence was provided to show that the victim had sustained extreme pain as a result of the battery.

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