Thompson v. State

The trial court erred in failing to merge the defendant's battery convictions, since the state proved only a single act of battery against a single victim, even though the defendant inflicted two medically distinguishable injuries during that crime.

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Following a jury trial based on a domestic dispute, Peter Thompson appeals his conviction on one count of simple assault1 and two counts of battery,2 contending that 1 the evidence was insufficient to support the verdict, 2 the trial court violated his Sixth Amendment right of confrontation by admitting an audiotape of a 911 call made by a person who did not testify at trial, 3 the trial court erred in admitting evidence allegedly withheld by the State in violation of discovery rules, 4 newly discovered evidence required a new trial, and 5 the trial court erred in failing to merge two counts of battery. For the reasons that follow, we affirm the simple assault conviction and sentence. The trial court erred in failing to merge the two counts of battery as the State proved only a single act of battery. We remand the case for re-sentencing on a single battery conviction and vacate the conviction and sentence on the second battery count. Viewed in the light most favorable to the verdict, Short v. State ,3 the evidence shows that, in response to a 911 call, an officer arrived at an apartment to find Claudette Pope outside; she was scared, crying, bleeding profusely from her mouth, and had one eye swollen shut. The officer knocked on the apartment door and Thompson answered. The officer asked Thompson what had happened, and Thompson explained that he had had an argument with Pope and that she must have fallen down and gotten hurt. The officer noticed blood on the wall, doorway, and floor; Thompson then stated that Pope came after him with a knife. After noticing abrasions on Thompson’s knuckles, the officer arrested him.

Thompson was charged with false imprisonment,4 aggravated assault,5 terroristic threat,6 and two counts of battery.7 In a jury trial, Thompson received a directed verdict for the false imprisonment and terroristic threat charges, and was found guilty of simple assault as a lesser included charge and two battery charges. The trial court later denied Thompson’s motion for new trial, giving rise to this appeal.

Thompson v. State

The trial court erred in failing to merge the defendant's battery convictions, since the state proved only a single act of battery against a single victim, even though the defendant inflicted two medically distinguishable injuries during that crime.

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