State v. Baker

CALABRIA, Judge.

Where there was substantial evidence of "serious physical injury" for the jury to consider the charge of felony child abuse, the trial court did not err in denying defendant's motion to dismiss that charge. We find no error.

I. Factual and Procedural Background

In late April and early May of 2013, Justin O'Brien Baker ("defendant") was dating S.R., and lived with her and her six-year-old son, J.R.2 On 29 April 2013, teachers at J.R.'s school saw that J.R. had a black eye, and J.R. met with Melissa Rosenberger ("Rosenberger"). Rosenberger asked J.R. about the injury, which he…