FOR PUBLICATION
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
YVONNE FERGUSON WATKINS STEVE CARTER
Ferguson Watkins & Assoc. Attorney General of Indiana
Indianapolis, Indiana
JOBY JERRELLS
Deputy Attorney General
Indianapolis, Indiana
KIMBERLY JOHNSON, ))
OPINION - FOR PUBLICATION
Johnson argues that the evidence is insufficient to support her conviction for battery.
First, Johnson argues that the evidence is insufficient to prove that A.J.
sustained a bodily injury. Specifically, Johnson contends that the evidence was insufficient
because the State relied on McKenzies uncorroborated testimony to prove the bodily injury
element of the battery charge and did not introduce any physical evidence.
Second, Johnson argues that her conviction for battery should be reversed because she
had legal authority to discipline A.J.
First, the evidence at the bench trial was sufficient to show that Johnson
caused bodily injury to A.J. Bodily injury is defined as, any impairment
of physical condition, including physical pain. Ind. Code § 35-41-1-4 (1998).
The State does not have to prove that the victim suffered physical pain
in order to prove that there was bodily injury. Tucker v. State,
725 N.E.2d 894, 897-898 (Ind. Ct. App. 2000), trans. denied. McKenzie testified
that Johnson jumped on thirteen-year-old A.J., repeatedly hit A.J. with her fists, knocked
her down, dragged her down three concrete steps, and continued to hit her
when she was on the sidewalk. McKenzie also testified that A.J. had
a busted lip, was bleeding from her mouth, and had a bruise on
her head, which caused it to hurt. McKenzies uncorroborated testimony alone is
sufficient to prove the element of bodily injury. See, e.g., Toney, 715
N.E.2d at 369 (holding that uncorroborated testimony of one witness is sufficient by
itself to sustain a conviction); C.T.S. v. State, 781 N.E.2d 1193, 1202 (Ind.
Ct. App. 2003) (holding that witnesss testimony was sufficient to support the trial
courts finding that defendant committed battery that resulted in bodily injury), trans. denied;
Tucker, 725 N.E.2d at-898 (holding that a bruise is a physical impairment, and,
thus, constitutes bodily injury).
Second, the evidence was also sufficient to overcome Johnsons legal authority or parental
right to discipline A.J. Indiana Code § 35-41-3-1 (1998) provides that [a]
person is justified in engaging in conduct otherwise prohibited if he has legal
authority to do so. This statute has been interpreted to permit
a parent to engage in reasonable discipline of her child, even if such
conduct would otherwise constitute battery. Smith v. State, 489 N.E.2d 140, 141
(Ind. Ct. App. 1986), rehg denied, trans. denied. In order to be
justified, the parental discipline must not be cruel or excessive. Id.
The evidence at trial showed that after Johnson jumped on A.J., knocked her
down, dragged her down three concrete steps, and repeatedly hit her, A.J. had
a bloodied lip and a bruise on her head. The evidence is
sufficient for the trial court to have found that Johnsons treatment of A.J.
was excessive and did not constitute reasonable parental discipline. Johnsons arguments to
the contrary amount to an invitation that we reweigh the evidence and the
credibility of witnesses, which we cannot do. Stewart, 768 N.E.2d at 435.
Johnson was properly convicted of battery because the trial court could reasonably
infer that she touched A.J. in a rude and angry manner resulting in
bodily injury to a person less than fourteen years old. See, e.g.,
Smith, 489 N.E.2d at 141 (finding that parents act of hitting child for
approximately fifteen times, which resulted in numerous bruises and a facial laceration, was
not reasonable parental discipline). Accordingly, we find that probative evidence exists to
support Johnsons conviction for battery as a class D felony.
For the foregoing reasons, we affirm Johnsons conviction for battery on a child
with injury as a class D felony.
Affirmed.
MATHIAS, J. and VAIDIK, J. concur