from the Superior Court in Mohave County No. S8015CR201400581
The Honorable Steven F. Conn, Judge (Retired)
Arizona Attorney General's Office, Phoenix By Terry M.
Crist, III Counsel for Appellee.
of the Legal Advocate, Kingman By Jill L. Evans Counsel for
Presiding Judge Randall M. Howe delivered the opinion of the
Court, in which Judge Lawrence F. Winthrop and Judge Jon W.
We address in this opinion whether sufficient evidence
supports Robert James Dodd's conviction and sentence for
aggravated assault causing serious physical injury. Because
our resolution of only this issue from Dodd's appeal
merits publication, we have addressed Dodd's other
arguments in a separate unpublished memorandum decision
issued simultaneously with this opinion. See Ariz.
R. Sup. Ct. 111(h); Ariz. R. Crim. P. 31.26.
Dodd argues that the State's evidence was insufficient in
two respects: first, the State failed to show whether the
victim was injured in the collision he admittedly caused, or
in the deliberate collision the police used in apprehending
him; second, the State failed to show that the victim's
injury constituted a "serious physical injury"
under A.R.S. § 13-105(39) because no evidence was
presented showing the extent and duration of the injury.
Neither argument has merit. The State need not prove which
specific collision caused a victim to sustain an injury
during a police pursuit, only that the defendant's
actions were the legal and proximate cause of the injury. And
although the State did not present any specific evidence
about the extent and duration of the injury, evidence about
its severity-a broken and dislocated femur and hip socket
that required orthopedic surgery at a high-level trauma
center-was sufficient for the jurors to conclude that it was
extensive enough and would endure long enough to constitute a
"serious physical injury." Accordingly, for the
following reasons and those set forth in the accompanying
unpublished memorandum decision, we affirm Dodd's
convictions and sentences.
AND PROCEDURAL HISTORY
In April 2014, Dodd engaged Arizona Department of Public
Safety ("DPS") officers in a high-speed pursuit in
Kingman when the officers tried to stop him pursuant to an
arrest warrant. Over the course of the chase, Dodd drove
erratically, driving into oncoming traffic, throwing objects
out of his car, and driving up to 50 miles over the posted
speed limits. Roughly seven minutes after the pursuit began,
Dodd ran through a stop sign and struck a car that had the
right-of-way, killing its driver. After the collision,
Dodd's car came to a stop. One DPS officer who had
followed Dodd since the beginning of the chase parked his car
and ran across the intersection toward Dodd's car with
his weapon drawn. As the officer approached, Dodd got out of
the car. Believing that Dodd might attempt to flee, another
DPS officer who had joined the pursuit deliberately hit the
back of Dodd's car with his police cruiser, pushing
Dodd's car into him and causing him to fall to the
After taking Dodd into custody, the officer discovered that
Dodd had a passenger, B.B., who had gotten out of the car and
was lying on the ground next to the car, bleeding from her
mouth and crying. B.B. was initially transported to the local
hospital to treat her injuries. After the treating physician
examined her, she was transported to a facility that could
treat a higher level of trauma. The State charged Dodd with,
among several other charges, two counts of aggravated assault
predicated on B.B.'s injuries: intentionally, knowingly,
or recklessly causing serious physical injury to B.B. in
violation of A.R.S. §§ 13-1204(A)(1) and
-1203(A)(1) and intentionally, knowingly, or recklessly
causing physical injury to B.B. with a deadly weapon or
dangerous instrument in violation of A.R.S. §§
13-1204(A)(2) and -1203(A)(1), both class 3 felonies.
At trial, the State called the treating physician that
examined B.B. at the local hospital. He testified that B.B.
not only had multiple rib fractures and a pulmonary
contusion, but also a fracture of her femur and her
acetabulum - the joint socket where the femur connects with
the pelvis. The fractures of her femur and acetabulum had
also caused her femur to become dislocated from her pelvis.
The injuries to her hip and leg were so severe that she could
not be adequately treated at Kingman Regional Medical Center,
but had to be moved to a higher-level trauma center that had
an orthopedic surgeon. Surgery was necessary to repair the
bones and put the femur back into place in the joint socket.
After a four-day trial, the jury convicted Dodd on all
counts, including aggravated assault causing serious physical
injury to B.B. The trial court sentenced Dodd to the
presumptive term of 11.25 ...