IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
STATE OF WASHINGTON,
No. 84346-0-I
Respondent,
DIVISION ONE
v.
UNPUBLISHED OPINION
ROY ALVIN FULLER,
Appellant.
BIRK, J. — A jury convicted Roy Fuller of third degree assault against his
intimate partner Moriah Marlin. Fuller presents one assignment of error, asserting
the State failed to prove bodily harm accompanied by substantial pain that
extended for a period of time sufficient to cause considerable suffering, as required
for third degree assault under RCW 9A.36.031(1)(f).
Marlin testified Fuller wrapped his arm around her neck and started choking
her. Marlin testified Fuller used “subtle force to scare” her, but as she tried to
escape “he started to tighten a little bit.” Marlin asked why he was doing this
because she was pregnant, and then Fuller started punching her in the side of her
stomach three times, with Marlin blocking them. Marlin screamed for her 11 year
old son in the next room to call 911, and Fuller went looking for her son. Marlin
located her phone, and she and Fuller engaged in a scuffle to obtain the phone,
during which Marlin ended up on the ground and scuffed her knee. When asked
how much pain she was in, she testified she was “numb.” She had pain in her leg
No. 84346-0-I/2
because of the raw skin being ripped. A police officer responded. The officer
testified Marlin reported she had been choked on several occasions and started
seeing stars on one of the occasions. The officer observed redness around the
left side of Marlin’s neck and facial area and “rug burn” marks on one of her knees.
Marlin’s injuries appeared recent. The mark on Marlin’s neck was consistent with
having been caused by Fuller choking her. Marlin appeared to be in physical
pain. The officer took four photographs of Marlin’s injuries, which were admitted
as exhibits 1-4 at trial. The photographs depict red marks on Marlin’s neck and
knee. When asked if she felt “any pain later that week,” Marlin testified, “Maybe a
little sore but not—not anything that was of concern.”
We review a challenge to the sufficiency of the evidence by considering the
evidence in the light most favorable to the State, affording it all reasonable
inferences, and asking whether any rational trier of fact could have found the
essential elements of the charged crime beyond a reasonable doubt. State v.
Saunders, 132 Wn. App. 592, 600, 132 P.3d 743 (2006). In Saunders, the
evidence was sufficient to establish third degree assault where the victim
“complained of neck pain lasting for more than three hours, and that she had
swelling on her cheek and an abrasion on her forehead, all of which was consistent
with her claim that Saunders threw her against a wall and choked her.” Id. In State
v. Fry, the evidence was sufficient to establish third degree assault where the
victim reported having been punched in the face, resulting in her right eye and right
side of her face becoming swollen, with pain throughout that morning. 153 Wn.
App. 235, 237, 241, 220 P.3d 1245 (2009). With the evidence taken in the light
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most favorable to the State and reasonable inferences drawn in the State’s favor,
the jury was entitled to conclude Marlin had a level of pain from the assault lasting
a sufficient time to establish “considerable suffering” as required by RCW
9A.36.031(1)(f). Under Saunders and Fry, the evidence was sufficient.
Affirmed.
WE CONCUR:
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