Opinion
Court of Appeals No. A-10818 Trial Court No. 4SM-10-039 Cr No. 5894
10-24-2012
SAMSON KASSOCK, Appellant, v. STATE OF ALASKA, Appellee.
Appearances: Michael Schwaiger, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Thomas J. Aliberti, Assistant District Attorney, Bethel, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.
NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law.
MEMORANDUM OPINION
Appeal from the District Court, Fourth Judicial District, Bethel, Leonard R. Devaney III, Judge.
Appearances: Michael Schwaiger, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Thomas J. Aliberti, Assistant District Attorney, Bethel, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Bolger, Judges.
MANNHEIMER, Judge.
Samson Kassock was convicted of fourth-degree assault for recklessly placing his girlfriend, Marlene Papp, in fear of imminent physical injury. Kassock appeals his conviction, arguing that the evidence at his trial was legally insufficient to support the jury's verdict.
AS 11.41.230(a)(3).
When we assess whether the evidence is legally sufficient to support a criminal conviction, we must view the evidence (and all reasonable inferences to be drawn from the evidence) in the light most favorable to upholding the jury's decision.
See, e.g., Johnson v. State, 188 P.3d 700, 702 (Alaska App. 2008).
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Here, the State presented evidence that Kassock was intoxicated at the time of the offense, and that he was angry with Papp. The State's evidence tended to show that Kassock struck Papp in the face during this confrontation. The State also presented evidence that Kassock had previously assaulted Papp. In addition, the State presented evidence that when Papp's daughter came to the house on an errand, Papp mouthed the words "get help" to her daughter.
This evidence, viewed in the light most favorable to the jury's verdict, supports the conclusion that Kassock, through his words and actions, recklessly caused Papp to reasonably apprehend that he would imminently inflict physical injury upon her. We therefore find that the evidence is legally sufficient to support Kassock's conviction for fourth-degree assault.
The judgement of the district court is AFFIRMED.