Opinion
A-14029
08-14-2024
ARNOLD AGWIAK, Appellant, v. STATE OF ALASKA, Appellee.
Jane B. Martinez, Law Office of Jane B. Martinez, LLC, Anchorage, under contract with the Office of Public Advocacy, for the Appellant. Madeline M. Magnuson, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.
UNPUBLISHED See Alaska Appellate Rule 214(d)
Appeal from the Superior Court, Fourth Judicial District, Bethel, Trial Court No. 4BE-20-00288 CR Nathaniel Peters, Judge.
Appearances:
Jane B. Martinez, Law Office of Jane B. Martinez, LLC, Anchorage, under contract with the Office of Public Advocacy, for the Appellant.
Madeline M. Magnuson, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.
Before: Allard, Chief Judge, and Harbison and Terrell, Judges.
Arnold Agwiak was convicted of one count of first-degree assault for breaking a woman's jaw after repeatedly kicking and stomping on her. On appeal, Agwiak argues that there was insufficient evidence to establish that he was the cause of the victim's "serious physical injury" - i.e., her broken jaw. Instead, he argues that the victim's jaw could have been broken earlier in the evening during a separate physical altercation.
AS 11.41.200(a)(1). Agwiak was found guilty of several additional crimes (two additional counts of first-degree assault, one count of second-degree assault, and one count of third-degree assault), but these merged with the first-degree assault count.
See id. ("A person commits the crime of assault in the first degree if . . . that person recklessly causes serious physical injury to another by means of a dangerous instrument[.]").
When a defendant challenges the sufficiency of the evidence to support a conviction, this Court must view the evidence, and all reasonable inferences drawn from that evidence, in the light most favorable to upholding the jury's verdict. We then ask "whether a fair-minded juror exercising reasonable judgment could conclude that the State had met its burden of proving guilt beyond a reasonable doubt."
Dailey v. State, 65 P.3d 891, 898 (Alaska App. 2003).
Id.
Here, the State presented a video recording that depicted Agwiak kicking, stomping, punching, and dragging the victim, including moments where he held onto a railing and stomped on her head using the full force of his body with both feet.
Given this recording, along with other evidence presented, there was sufficient evidence for a reasonable juror to find beyond a reasonable doubt that Agwiak caused the victim's broken jaw.
The judgment of the superior court is AFFIRMED.