State v. Hacker

STEELMAN, Judge.

A jury found defendant guilty of felonious child abuse inflicting serious physical injury, a Class E felony. Defendant received an active sentence from the presumptive range of twenty-nine to fourty-four months. Defendant appeals.

The State's evidence tended to show the following: On 16 May 2003, eleven-month-old T.P. arrived in the Craven Regional Medical Center's emergency room with a mid-shaft, spiral fracture of his right femur. The next day, orthopaedic surgeon William B. Wheatley, MD, operated on T.P. to set the bone and placed the child in a "spica cast, which is a…