Believable Evidence of All Elements of the Crime is Required to Bind Over

State of Utah v. M.F., 2009 UT App. 398, (Utah Court of Appeals, December 31, 2009).

M.F. was bound over for charges of aggravated assault with intent to cause serious bodily injury.  This was based on the facts that the alleged victim suffered sufficient injuries to require several surgical screws and plates to reconstruct his face.  He also suffered damage to his orbital nerve, which resulted in the loss of sensitivity in areas of his face.  The trial court found this evidence was enough to meet the level of serious bodily injury.  Defendant appealed and argued that there was insufficient believable evidence of intent to cause serious injury.  The Court of Appeals Disagreed and found that the injuries were sufficient to substantiate the charge of serious bodily injury and the alleged statement by the defendant “he dropped me, so I dropped him,” was enough to substantiate Defendant’s intent.