RUPEIKS v. State

OPINION

BOLGER, Judge.

David Rupeiks contends that his conviction for assault in the third degree should be reversed because there was insufficient evidence suggesting that he had used his fist as a dangerous instrument when he injured Terrence Christensen. We conclude that the manner in which Rupeiks attacked Christensen and the nature of Christensen's injuries show that Rupeiks's attack posed an actual and substantial risk of causing Christensen to suffer death or serious physical injury. We therefore affirm Rupeiks's conviction for assault in the third degree.

Background

In July 2007, Rupeiks…