People v. Flores CA4/1

DISCUSSION

I. Sufficiency of the Evidence Claim

Flores contends insufficient evidence supported his conviction for assault likely to produce great bodily injury on N.M. But he acknowledges he “punched [her] one time in the face. . . . She was awake and never lost consciousness. . . . [A law enforcement officer] found that she was very intoxicated. . . . [She] was in the hospital for only a couple of hours and was released. . . . [She] had a chipped tooth and received three stitches that were dissolvable; she did not require any further medical treatment. . . . [She] had pain on the bottom of her face after the incident. . . . [She] currently has a type of jaw dislocation that includes a crack when she speaks or eats.” Flores supports his contention by relying on this statement by the trial court when it was deciding whether to instruct the jury on the lesser included

3 offense of simple assault as to counts three and four: “I think a juror could feel that a single punch would not be likely to produce great bodily injury. It could, but it’s not likely to, in a juror’s mind. They could feel that way and, therefore, I’m required to give it.” According to Flores, the court also…