August 15, 2019- State of New Mexico v. Kendrick Joey, Sr., No. A-1-CA-37961

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1 	IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 	STATE OF NEW MEXICO,
3 	Plaintiff-Appellee,
4 v. 	No. A-1-CA-37961
5 KENDRICK JOEY, SR.,
6 	Defendant-Appellant.
7 APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY
8 John A. Dean, Jr., District Judge
9 Hector H. Balderas, Attorney General
10 Santa Fe, NM
11 	for Appellee
12 Bennett J. Baur, Chief Public Defender
13 	B. Douglas Wood III, Assistant Appellate Defender
14 Santa Fe, NM
15 	for Appellant
16 	MEMORANDUM OPINION
17 VANZI, Judge.
18 	{l} 	Defendant appeals his conviction for aggravated battery (great bodily harm).
19 	We issued a calendar notice proposing to affirm. Defendant has responded with a
20 memorandum in opposition. We affirm.
Court of Appeals of New Mexico
Filed 8/15/2019 9:27 AM

1 {2} 	Defendant continues to challenge the sufficiency of the evidence. A sufficiency
2 	of the evidence review involves a two-step process. Initially, the evidence is viewed
3 in the light most favorable to the verdict. Then the appellate court must make a legal
4 determination of "whether the evidence viewed in this manner could justify a finding
5 by any rational trier of fact that each element of the crime charged has been
6 established beyond a reasonable doubt." State v. Apodaca, 1994-NMSC-121,, 6, 118
7 N.M. 762, 887 P.2d 756 (internal quotation marks and citations omitted).
8 	{3} 	In order to prove the charge, the State had to present evidence that Defendant
9 intentionally hit Victim with the intent to injure, and that it caused great bodily harm.
10 	[RP 109] Great bodily harm means an injury that creates a high probability of death
11 	or results in serious .disfigurement, loss of any member or organ, or resu1ts in
12 permanent or prolonged impairment of the use of any member or organ of the body.
13 	[RP 110]
14 {4} 	Here, Victim was a fellow inmate who was found severely beaten. [DS 2] A
15 	video of the incident showed Defendant and Victim involved in a fight, with
16 Defendant placing Victim in a headlock until Victim passed out. [DS 3] Defendant
17 punched Victim in the face approximately 33 times while Victim was unconscious.
18 	[DS 3] When Victim awoke, Defendant kicked and elbowed him 9 times, after which
2

1 Defendant placed both hands around Victim's neck for a few seconds before leaving
2 the area. [DS 3] Victim was taken to a hospital and treated for multiple fractures to
3 his face and blood in his brain. [DS 3] Victim testified that he suffered bleeding on
4 his brain and fractures to his skull and eye socket, and has had impaired vision since
5 the accident. [DS 5]
6 	{5} 	Defendant claims that this was insufficient evidence of great bodily harm,
7 because there was no evidence from a medical professional or expert about the nature
8 of the injury. [MIO 6] However, such testimony is not required. Cf State v. Jim,
9 1988-NMCA-092, ,r,r 20-23, 107 N.M. 779, 765 P.2d 195 (construing "protracted
. 	.
10 impairment" as a non-technical term subject to reasonable jury interpretation). In
11 	addition, as the aggravated battery instruction illustrates [RP 109], aggravated battery
12 by great bodily harm "requires only that great bodily harm could result, not that it
13 	must result." State v. Pettigrew, 1993-NMCA-095, ,r 7, 116 N.M. 135,860 P.2d 777;
14 see also NMSA 1978, § 30-3-S(C) (1969) (defining aggravated battery). Finally, to
15 	the extent that Defendant argues that expert testimony was necessary to establish a
16 nexus between the fight and the injury [MIO 7], we conclude that the testimony was
17 sufficient to permit a jury to reasonably find causation, and that additional evidence
3

1 could have been presented by either side to either bolster or undermine the State's
2 case.
3 {6} 	For the reasons set forth above, we affirm.
4 	{7} 	IT IS SO ORDERED.
5
6
7
8 WECONCUR:
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