X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Pernell Lee guilty of four counts of aggravated battery and one count of cruelty to children in the first degree.1 In his sole enumeration of error, Lee contends the evidence was insufficient to support the jury’s verdict. We find that the jury was authorized to reject Lee’s defense and to determine that Lee maliciously and intentionally immersed his girlfriend’s seventeen-month-old baby in hot water after she soiled her diaper. We affirm Lee’s conviction. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.2 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”3 A conviction based on circumstantial evidence is authorized only if the proven facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.4 Whether this burden has been met is a question for the jury.5 When the jury is authorized to find the evidence, although circumstantial, is sufficient to exclude every reasonable hypothesis except the defendant’s guilt, the verdict will not be disturbed unless the verdict is insupportable as a matter of law.6

Viewed in this light, the evidence shows that Lee’s girlfriend left her three children alone with Lee. The girlfriend received a phone call from Lee to come home immediately. When she did, she found her seventeen-month-old baby severely burned. She immediately took the baby to the hospital, where she was treated for first, second and third degree burns on her upper torso, chest, back, groin area and upper thigh. About twenty percent of her body had second degree burns. The injuries were too severe to be treated at the local hospital, so the baby was transferred to the burn unit at Grady Hospital. Treatment included a month in hospitals and skin grafts to her back, sides, groin area and stomach. The baby was left with permanent scarring.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...


Apply Now ›

Mineola defense firm seeks attorneys with 3-5 years of actual insurance defense experience to handle complex general liability matters. Sala...


Apply Now ›

Boutique Law Firm in Englewood Cliffs, NJ is seeking an Experienced Commercial Real Estate/Transactional Attorney for a full-time position. ...


Apply Now ›