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Reyes v. State

Evidence that defendant grabbed his ex-girlfriend, took her to a wooded area and hit her 10 to 15 times with his belt in front of her 2-year-old son supported his convictions.

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Maxiliano Reyes appeals his conviction for aggravated assault and cruelty to children in the second degree, contending that the evidence was insufficient. Because we find the evidence was sufficient, we affirm.

E. B. testified that between 7:30 and 8:30 p.m. on June 23, 2000, as she was driving with her two-year-old son in the car, the driver of a truck behind her flashed its headlights for her to stop. After she stopped, she realized that Reyes was driving the truck. She had recently dated Reyes for about two months, during which time he had slapped her. E. B. rolled down her window and told Reyes that “it was over” because she did not want to be hit again. When she refused Reyes’s request to get out of the car, he hit her on her mouth, grabbed her arm, and took her into a wooded area. Holding onto E. B.’s arm, Reyes hit her with his belt ten to fifteen times on her legs and buttocks. E. B.’s son cried as he watched the incident. Because Reyes warned E. B. that if she went to the police, he would “do something worse” to her, she did not report the incident to police until three days later. An investigator took photographs of E. B.’s injuries, and the pictures showing severe bruises were admitted at trial.

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