STATE OF NORTH CAROLINA
v. Gaston County
No. 00 CRS 56887
DANNY LEE WIKE
Attorney General Roy Cooper, by Assistant Attorney General
Chris Z. Sinha, for the State.
David Childers for defendant-appellant.
CAMPBELL, Judge.
On 7 August 2000, defendant was indicted for felonious child
abuse. The case was tried at the 29 October 2001 Criminal Session
of Gaston County Superior Court.
The State presented evidence at trial which tended to show the
following: On 20 May 2000, Corporal Richard Abernathy of the
Belmont Police Department was dispatched to the Heritage Inn to
meet a social worker employed with the Department of Social
Services. Abernathy met Helen Goode, who had received a report
regarding the defendant and his three-year-old son, Brian Norris,
earlier that day. Upon entering the room occupied by defendant and
Brian, Goode found Brian lying in bed, and observed bruises onBrian's body. Defendant admitted to spanking Brian with a belt
because he had tried to open the door of their car while they were
driving down the interstate. Defendant was arrested while social
services took custody of Brian. Brian was then taken to Gaston
Memorial Hospital where he was treated for his injuries.
Defendant was convicted of felonious child abuse and sentenced
to a term of twenty-three to thirty-seven months imprisonment.
Defendant appeals.
Defendant's sole argument on appeal is that there was
insufficient evidence to support the conviction for felonious child
abuse. Specifically, defendant contends there was no evidence that
Brian suffered great pain and suffering sufficient to constitute a
serious physical injury. Defendant notes that there were no open
wounds or bleeding, no sign of sexual abuse, and no sign of
internal injury. Additionally, Brian was described as cooperative
and compliant with physicians, did not indicate that he was in
pain, and suffered from no permanent injury. Finally, defendant
notes that Brian did not require any treatment before his release.
After careful review of the record, briefs and contentions of
the parties, we find no error. To survive a motion to dismiss, the
State must present substantial evidence of each essential element
of the charged offense. State v. Cross, 345 N.C. 713, 716-17, 483
S.E.2d 432, 434 (1997). “'Substantial evidence is relevant
evidence that a reasonable mind might accept as adequate to support
a conclusion.'” Id. at 717, 483 S.E.2d at 434 (quoting State v.
Olson, 330 N.C. 557, 564, 411 S.E.2d 592, 595 (1992)). Defendantwas charged with felonious child abuse. Pursuant to G.S. 14-
318.4(a), to constitute a felony, the State must present evidence
that the abuse resulted in serious physical injury. A “serious
physical injury” has been defined as an injury “that cause[s] great
pain and suffering.” State v. Phillips, 328 N.C. 1, 20, 399 S.E.2d
293, 303, cert. denied, 501 U.S. 1208, 115 L. Ed. 2d 977 (1991).
Our Supreme Court has stated:
Whether a serious injury has been inflicted
depends upon the facts of each case and is
generally for the jury to decide under
appropriate instructions. A jury may consider
such pertinent factors as hospitalization,
pain, loss of blood, and time lost at work in
determining whether an injury is serious.
Evidence that the victim was hospitalized,
however, is not necessary for proof of serious
injury.
State v. Hedgepeth, 330 N.C. 38, 53, 409 S.E.2d 309, 318 (1991).
In the instant case, defendant admitted to spanking Brian with
a belt, but contends that he did not cause serious physical injury.
However, the State presented evidence that Brian suffered multiple
and severe bruises, including bruising to his testicles and
scrotum; facial bruising around his right eye, left cheek and chin;
bruising around his anus and inside his rectum; as well as bruising
from his mid-back down to his buttocks. Brian also complained that
his head hurt, and he had a “knot” on his head. Additionally,
evidence was presented suggesting that the bruises were caused by
the buckle as well as the strap of the belt. As argued by the
State, great pain and suffering can be “logically inferred from
some of the highly sensitive locations” of Brian's injuries.
Accordingly, we conclude that the evidence, when taken in the lightmost favorable to the State, was sufficient for a jury to determine
that the injuries caused “great pain and suffering.” Phillips, 328
N.C. at 20, 399 S.E.2d at 303.
No error.
Judges WYNN and McGEE concur.
Report per Rule 30(e).
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