People v. Sherman-Huffman

                                                                       Michigan Supreme Court
                                                                       Lansing, Michigan 48909
____________________________________________________________________________________________
                                                                C hief Justice                   Justices
                                                                Maura D. Cor rigan	              Michael F. Cavanagh




Opinion
                                                                                                 Elizabeth A. Weaver
                                                                                                 Marilyn Kelly
                                                                                                 Clifford W. Taylor
                                                                                                 Robert P. Young, Jr.
                                                                                                 Stephen J. Markman

____________________________________________________________________________________________________________________________

                                                                                  FILED APRIL 24, 2002





                PEOPLE OF THE STATE OF MICHIGAN,


                        Plaintiff-Appellant

                        and Cross-Appellee,


                v	                                                                               No. 117468


                BONNIE JUNE SHERMAN-HUFFMAN,


                     Defendant-Appellee

                     and Cross-Appellant.

                ___________________________________

                MEMORANDUM OPINION


                        Defendant was charged with and convicted of third-degree


                child abuse1 after she spanked the victim, her daughter,





                        1
                            MCL 750.136b(5), which provides:


                             A person is guilty of child abuse in the third

                        degree if the person knowingly or intentionally

                        causes physical harm to a child. Child abuse in

                        the third degree is a misdemeanor punishable by

                        imprisonment for not more than 2 years.

twice, and pushed her in the face, causing a nosebleed and


bruising on the victim’s face and back.          The Court of Appeals


affirmed defendant’s conviction, holding that third-degree


child    abuse    is   a   specific    intent   crime   and    that   the


prosecution      presented    sufficient    evidence    of   defendant’s


specific intent to harm her child.              We originally granted


leave to consider whether third-degree child abuse is a


specific or general intent crime.          We conclude, however, that


there was sufficient evidence to convict defendant of third­

degree child abuse regardless of whether the statute requires


general    or    specific     intent.2      Accordingly,      we   affirm


defendant’s conviction.


        In determining whether sufficient evidence exists to


sustain a conviction, this Court reviews the evidence in a


light favorable to the prosecution.          People v Wolfe, 440 Mich


508, 515; 489 NW2d 748 (1992).             This Court must consider


“‘whether there was sufficient evidence to justify a rational


trier of fact in finding guilt beyond a reasonable doubt.’”


Id. at 513-514, quoting People v Hampton, 407 Mich 354, 366;


285 NW2d 284 (1979).        See also People v Nowack, 462 Mich 392,


399-400; 614 NW2d 78 (2000).




     2
       The statement by the Court of Appeals that third-degree

child abuse is a specific-intent crime is dictum, in light of

our finding that there was sufficient evidence to support

defendant’s conviction under either standard.


                                      2

     Here, the prosecution presented sufficient evidence of


defendant’s guilt at trial.     Defendant admitted striking her


child.    The    victim’s   testimony   corroborated    defendant’s


admission.      The testimony of school, law enforcement, and


medical   personnel    established    that   the   victim   sustained


physical injury in the form of extensive bruising to parts of


her body and a nosebleed.        Further, the injuries to the


victim’s face were sufficiently painful that the victim asked


for an ice pack at school on the following day. 


     Michigan’s third-degree child abuse statute states that


a defendant must “knowingly or intentionally” cause physical


harm to a child.      Regardless of whether the statute requires


general or specific intent, the evidence is sufficient to


convict defendant of third-degree child abuse because she knew


of her daughter’s susceptibility to bruising, due to asthma


medication taken by the victim, yet still spanked her with


enough force to dislodge a blood clot from her daughter’s nose


and to cause bruises that raised the suspicion of several


school, law enforcement, and medical personnel.             Thus, the


prosecution presented sufficient evidence that defendant had


the requisite mens rea to convict her of third-degree child


abuse.


     Accordingly, we affirm the conclusion of the Court of


Appeals that the prosecution presented sufficient evidence to



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convict defendant of third-degree child abuse.


     Defendant also argues that the prosecution failed to


prove that her conduct toward the victim was not a reasonable


disciplinary measure.     She invokes MCL 750.136b(7)3 to make


this argument.


     Defendant    did   not    formally   invoke   the   “reasonable


discipline” statute at trial, but she did indicate in her


trial testimony that the victim (her daughter) was “getting


real, real lippy” with her and that she intended to punish the


victim by spanking her.        The trial court did not expressly


refer to the “reasonable discipline” statutory provision in


its findings of fact.         However, the trial court obviously


rejected the credibility of the pivotal testimony of defendant


and the victim as it refused to accept their assertions that


much of the victim’s bruising was due to sources other than a


physical assault by defendant.      Further, as summarized above,


the evidence indicated that the victim was attacked forcefully


enough to dislodge a blood clot, triggering a nosebleed, and





     3


          This section [which defines the child abuse

     crimes] shall not be construed to prohibit a parent

     or guardian, or other person permitted by law or

     authorized by the parent or guardian, from taking

     steps to reasonably discipline a child, including

     the use of reasonable force.


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to leave visible bruising on various parts of her body.4


Wherever the outer limits of “reasonable discipline” are to be


drawn, given the injuries inflicted by the force used in this


matter, they were plainly exceeded. 


       Accordingly, we conclude that, in rejecting defendant’s


version of events, the trial court implicitly concluded that


this case did not involve the use of reasonable discipline.


In this regard, we note the presumption that a trial judge in


a bench trial knows the applicable law.                See, e.g., People v


Cazal, 412 Mich 680, 686-687; 316 NW2d 705 (1982) (stating


that       “a   trial   judge   should    be   aware   of   lesser-included


offenses without the need for instruction” and referring to


“the trial judge’s knowledge of the law”). 


       Therefore, we presume that the trial court correctly


rejected the applicability of the “reasonable discipline”


provision and did not address it more specifically for the


simple reason that any claim of “reasonable discipline” in


this case was plainly unsupportable.             Additionally, we affirm


the conclusion of the Court of Appeals that the prosecution



       4
       While defendant indicates that asthma medication being

taken by the victim made her more susceptible to bruising,

because this was known to defendant, rather than being

exculpatory, it provided all the more reason that defendant

should have shown restraint in her treatment of her child.

Moreover, defendant admitted that she hurt her hand in

connection with her “punishment” of the victim, which

underscores the use of an extreme degree of force against the

child.


                                         5

presented sufficient evidence to convict defendant of third­

degree child abuse.


     CORRIGAN , C.J., and CAVANAGH , WEAVER , KELLY , TAYLOR , YOUNG , and


MARKMAN , JJ., concurred.





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