In a recent Arizona appellate case, the defendant was convicted of aggravated assault resulting in temporary but substantial disfigurement and assault. The lower court suspended the imposition of a sentence and put him on probation. The defendant appealed, claiming that there was prosecutorial misconduct in charging him with aggravated assault causing serious physical injury, and the court had made a mistake in denying his motion for a judgment of acquittal on that charge because the evidence showed minor injuries.
The case arose in 2012, when a trooper responded to a pickup truck accident. The trooper found that a pickup truck had left the road, and crashed into a sign. There was blood on the driver’s side of the pickup, and none on the passenger side. Emergency medical personnel treated the defendant and his mother. He had a bleeding cut above his left eye and on his hands. The mother didn’t have any blood on her, but complained about experiencing pain. The trooper observed that the defendant had red watery eyes and other signs of inebriation. The defendant admitted that he’d had a few drinks.
The defendant and his mother were taken to the hospital. The trooper followed. At the hospital, a nurse told the trooper they’d be drawing the defendant’s blood for medical purposes and the trooper asked for a sample. The trooper waited in a common area, and overheard the defendant talking on the phone and saying that he’d gotten into the accident after consuming alcohol at a restaurant. He also overheard the defendant confirm to his health care providers that he’d been drinking alcohol.