Nunez v. State

Judge Harold R. Banke.

Agustin Nunez was convicted of two counts of cruelty to children. He enumerates seven errors on appeal.

This case arose after Nunez and his wife (and codefendant) drove their two-year-old daughter to the emergency room of their local hospital. The child was near death due to a tear in her small intestine usually caused by “a very focused, discrete, forceful blow to the upper abdomen.” Over time, waste had emptied into her abdominal cavity, causing it to become infected and swell noticeably. Her doctor theorized that the injury had occurred as long as three days before and…