Opinion
No. 05-01-01725-CR.
Opinion Issued January 7, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.
Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F00-40014-KQ. AFFIRMED.
Before Justices MORRIS, JAMES, and FITZGERALD.
OPINION
A jury convicted appellant of aggravated assault and assessed punishment at fifty months confinement and an $8000 fine. The trial court made an affirmative finding that appellant used or exhibited a deadly weapon, his mouth, during commission of the offense. In a single point of error, appellant contends the evidence is insufficient to show serious bodily injury. We affirm. The standard of review for legal sufficiency is to view the evidence in the light most favorable to the conviction and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 318-19 (1979); Young v. State, 14 S.W.3d 748, 753 (Tex.Crim.App. 2000). The jury is the exclusive judge of the facts proved and of the weight to be given to the testimony. Tex. Code Crim. Proc. Ann. art. 38.04 (Vernon 1979); Bonham v. State, 680 S.W.2d 815, 819 (Tex.Crim. App. 1984). This Court may not substitute its determination for that of the jury. Scott v. State, 934 S.W.2d 396, 399 (Tex.App.-Dallas 1999, no pet.). The State was required to prove beyond a reasonable doubt that appellant intentionally, knowingly, or recklessly caused bodily injury to another and used or exhibited a deadly weapon during commission of the assault or caused serious bodily injury to another. See Tex. Pen. Code Ann. §§ 22.01, 22.02 (Vernon 1994 Supp. 2003). Serious bodily injury means bodily injury that causes permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. See Tex. Pen. Code Ann. § 1.07(a), (46) (Vernon 1994). Viewed in the light most favorable to the conviction, the evidence shows appellant bit off part of Michael Green's left ring finger during an altercation. Green, Sara Voldahl, and Ronna Castillo, appellant's sister-in-law, were partners in a durable medical equipment company in Richardson. Apparently without Green's knowledge, Ronna hired appellant as a outside salesman on a commission-only basis. On August 25, 2001, appellant came into the office to check his messages. He began arguing with Sara about not taking telephone messages properly. Appellant yelled and cursed at Sara. Green intervened, tried to calm appellant down, and told appellant he could not talk to the women in the office in that manner. According to Green, Sara, and Ronna, appellant became angrier, pushed Green and wanted to fight, tore Green's shirt, and eventually bit the top portion of Green's finger off. At trial, appellant admitted he bit off a part of Green's finger, but testified he did so in self-defense. According to appellant, Green placed his left hand on appellant's face and pushed appellant's head back. Appellant thought he was going to die because he could not breathe. Appellant bit Green's finger to get Green to release him. Appellant contends the evidence is insufficient because it does not show he caused serious bodily injury to Green. Appellant argues the evidence does not show Green sustained any permanent disfigurement or a protracted loss or impairment. The State argues the evidence is sufficient because appellant admitted he intended to bite Green's finger, and appellant also stipulated at trial that Green's loss of the tip of his finger constituted serious bodily injury. We agree with the State. The record shows appellant stipulated at trial that biting off the end of Green's finger constituted serious bodily injury. Dr. Wilson Murphee, an emergency physician who treated Green, testified Green had the top portion of his left ring finger severed from a human bite. Murphee consulted with two plastic surgeons who advised that the severed portion of Green's finger could not be reattached due to the location of the injury and the fact it was from a human bite. Murphee further testified an injury such as Green sustained was a serious bodily injury. Green displayed his severed finger to the jury and testified he suffered pain and disfigurement because the bones in his finger were crushed and the missing part will never be reattached. Green also testified that due to the injury to his finger, he had to give up a fifteen-year hobby of playing guitar. We conclude the evidence is sufficient to allow a rational jury to find appellant committed aggravated assault resulting in serious bodily injury. We overrule appellant's sole point of error. We affirm the trial court's judgment.