State v. Doyle
State v. Doyle
Opinion
¶1 Travis Lee Doyle appeals his conviction for aggravated assault. He contends that there was insufficient evidence to disprove his claim of self-defense beyond a reasonable doubt. We affirm.
BACKGROUND 1
¶2 On Christmas Eve 2010, Victim went to a party with his girlfriend (Girlfriend). The party was hosted by Girlfriend's uncle (Uncle) and included about two dozen guests, mostly Girlfriend's family. Uncle also invited Doyle, who attended the party with two friends. Girlfriend knew Doyle growing up, but Victim had never met him.
¶3 While Doyle, Girlfriend, and Victim were together in Uncle's kitchen, Girlfriend introduced Victim and Doyle. Victim, who had been keeping to himself, looked up as Girlfriend introduced him as her "old man." Victim smiled and said, "Hello," and Doyle responded, "Are you looking at me funny?" or, "You looking at me crazy fool?" Victim shook his head and said, "No," looking down to avoid a confrontation. According to Girlfriend, all three of them looked away and she thought they "were all cool."
¶4 The next thing Victim remembered was waking up on the kitchen floor. He did not remember getting punched but felt pain "shooting through [his] eye and the left side of [his] face." At trial, Girlfriend recalled that Doyle "cold clocked" Victim after they had all looked away. The punch knocked Victim "out cold," and Girlfriend testified that Doyle started hitting and kicking Victim while he lay unconscious on the floor. Girlfriend tried to stop the assault, but Doyle's two friends joined the attack and she was eventually pulled out of the kitchen by her cousin. In the fracas, Girlfriend was punched and had a tooth knocked out, but she did not know who hit her. Girlfriend later testified that the beating of Victim lasted for, what seemed to her, two to three minutes.
¶5 The other partygoers heard the commotion coming from the kitchen, and Girlfriend's family rushed to the scene and helped Victim. As people moved out of the kitchen, Uncle confronted Doyle to figure out what happened. Doyle was "hyped up" and "[r]eally aggressive" and told Uncle that Victim had disrespected him and "was giving him dirty looks" when the two were introduced. Doyle did not claim that Victim had acted aggressively toward him or that Doyle was defending himself.
¶6 Girlfriend's cousin also confronted Doyle, asking him if he hit Girlfriend. Doyle made "some cocky ass response" like, "You know I did." Sensing additional impending trouble, another partygoer (J.G.) stepped between them to prevent another fight. But when J.G. turned his back to Doyle, Doyle punched him in the back of the head. Another fight started, and Doyle's two friends again joined the fray. Someone called the police, and Doyle and one of his friends left, leaving the other friend behind.
¶7 Doyle was not gone for long. J.G. went outside to escape the "craziness" with his girlfriend, who was eight months pregnant. As she and J.G. were talking, Doyle and his friend approached them and started "talking crazy." J.G. and the pair again exchanged blows, and the friend took a swing at the girlfriend's stomach. J.G. was able to block the swing but was knocked down. Doyle yelled, "I'm going to try to catch a murder charge," and then he jumped in the car with his friend and left. The police arrived less than one minute later.
¶8 Victim later returned home, deciding not to go to the hospital that night because it was Christmas Eve. The next morning, he woke up and had Christmas with his kids but was in "an extreme amount of pain." Girlfriend took him to the emergency room, where he was referred to a plastic surgeon (Doctor). Doctor found that Victim had suffered numerous bone fractures around his left eye, but delayed surgery for more than two weeks due to swelling. When Doctor was able to perform the surgery, it took eleven hours to repair the damage to Victim's face and position three permanent titanium plates and one biodegradable plate. Doctor later testified at trial that, although it was possible Victim's injuries were caused by a single punch, it would have required a "significant amount of force." Based on his experience, Doctor was ultimately unsure how many times Victim was hit.
¶9 Due to his injuries, Victim did not return to work for nearly two months, lived off a liquid diet for two weeks, and was unable to communicate without pain and discomfort. To this day, Victim suffers from migraines and vision loss, conditions he never had before the incident.
¶10 The State charged Doyle with aggravated assault resulting in serious bodily injury, a second degree felony, and included an in-concert enhancement. 2 At trial, Doyle argued self-defense, claiming that Victim threatened him with a beer bottle. Doyle testified that immediately after Girlfriend introduced them, Victim "turned around and grabbed a bottle off the counter" and raised it above his head in a threatening manner. To defend himself, Doyle hit Victim one time and then was "jumped" by Girlfriend's family. At the end of trial, Doyle moved for a directed verdict, arguing that the State did not meet its burden of disproving self-defense. The trial court denied the motion and found that there was a "disputed issue" as to self-defense that should go to the jury. The court instructed the jury on self-defense, explaining that the prosecution had the burden to "prove beyond a reasonable doubt that the defense [did] not apply." After a two-day trial, the jury found Doyle guilty of aggravated assault but rejected the in-concert enhancement. Doyle appeals.
ISSUE AND STANDARD OF REVIEW
¶11 Doyle asks us to reverse his conviction for aggravated assault, contending that the trial court should have granted his motion for a directed verdict because there was insufficient evidence to disprove his claim of self-defense. "We review a trial court's ruling on a motion for directed verdict for correctness."
State v. Gonzalez
,
When a party moves for a directed verdict based on a claim of insufficiency of the evidence, we will uphold the trial court's decision if, upon reviewing the evidence and all inferences that can be reasonably drawn from it, we conclude that some evidence exists from which a reasonable jury could find that the elements of the crime had been proven beyond a reasonable doubt.
State v. Hirschi
,
ANALYSIS
I. Preservation
¶12 Doyle's insufficiency challenge has two components: first, that the evidence supporting his conviction and disproving his self-defense claim was "inconclusive and speculative"; and second, that in evaluating the sufficiency of the evidence against Doyle, the trial court should have disregarded Girlfriend's testimony as "inherently improbable." The State counters that these issues were unpreserved. It acknowledges that Doyle moved for a directed verdict in the trial court but argues that he did not preserve his sufficiency challenges "because his blanket objections below ... were not specific to the claims he now raises."
¶13 To preserve an issue for appeal, a party must present it "to the trial court in such a way that the trial court has an opportunity to rule on that issue."
State v. Gallegos
,
¶14 We conclude that Doyle's motion for a directed verdict preserved his inconclusive-and-speculative challenge but did not preserve his distinct claim that Girlfriend's testimony should have been disregarded in its entirety as inherently improbable.
A. Inconclusive and Speculative
¶15 On appeal, Doyle contends that the evidence relevant to his self-defense claim was "inconclusive and speculative," raising several arguments in support.
See
infra
Part III. To support his claim that these arguments were preserved, Doyle relies principally on
State v. Gonzalez
,
¶16 Regarding Doyle's more generalized argument challenging the self-defense evidence as inconclusive and speculative, we agree that this case more closely resembles
Gonzalez
and
Gallegos
than
Bosquez
. As in
Gallegos
, Doyle's arguments on appeal merely present the self-defense argument from below "with more flesh on the bone."
See
B. Inherent Improbability
¶17 We reach a different conclusion, however, on Doyle's inherent-improbability argument. Under
State v. Robbins
,
¶18 On appeal, Doyle argues that Girlfriend's testimony of a "prolonged assault by multiple attackers was inherently improbable" and that, in evaluating the sufficiency of the evidence, the trial court should have disregarded her testimony in its entirety under Robbins . In support, he asserts that Victim's injuries were inconsistent with Girlfriend's version of events: Victim had injuries only to the face with no other injuries to his body. According to Doyle, if Girlfriend's account were true-that Victim was punched and kicked for two to three minutes by three attackers-Victim would have had more serious injuries. In addition, Doyle asserts that Girlfriend's testimony was "patently false" and "uncorroborated." For these reasons, he maintains that Girlfriend's testimony cannot sustain the jury's verdict.
¶19 This goes far beyond what was argued in the motion for a directed verdict.
Robbins
may be a component of an insufficiency challenge, but not every insufficiency challenge raises a
Robbins
issue. Doyle's contention that the trial court should have evaluated the sufficiency of the evidence without Girlfriend's testimony does not merely add "more flesh on the bone."
See
State v. Gallegos
,
II. Plain Error
¶20 Alternatively, Doyle contends that the trial court committed plain error by considering Girlfriend's testimony in reviewing his motion for a directed verdict. "The plain error doctrine serves as an exception to our long-standing rule that issues cannot be raised on appeal if they were not argued below at trial."
State v. Bond
,
¶21 In Prater , our supreme court reviewed the inherent improbability of witness testimony for plain error. Id. ¶ 27. And there, the court emphasized that "the usual course" is to allow "the jury to assess the credibility of witness testimony." Id. ¶ 43. Only when testimony is "inherently improbable," that is, "incredibly dubious and, as such, apparently false," can the issue be taken from the jury. Id. ¶¶ 32-33.
¶22 Here, it is not obvious that the inconsistencies in Girlfriend's testimony "run so counter to human experience" that it renders her testimony "inherently improbable." See id. ¶ 39. As to Victim's injuries being inconsistent with Girlfriend's testimony, Doctor testified that Victim's significant injuries may have been caused by a single blow, or by many. Ultimately, Doctor could not say how many times Victim was hit. Thus, this question properly went to the jury. Doyle also asserts that Girlfriend's testimony that she had a tooth knocked out during the melee is inconsistent with her statement to police several hours after the incident, where she did not report that fact. But "pre-trial inconsistent statements do not render [a witness's] testimony 'apparently false.' " Id. Instead, they present routine credibility questions for a jury. Id. Next, Doyle attacks Girlfriend's estimation that the attack lasted two to three minutes, saying this estimation is patently false because "none of her approximately twenty family members intervened" and "even the [prosecutor] acknowledged that [Girlfriend] was wrong to testify that the incident lasted for two to three minutes." Yet the record shows that Girlfriend's family did intervene-even Doyle claimed that he was "jumped" as soon as he hit Victim. And besides, how long the attack lasted is irrelevant; the question is whether Doyle assaulted Victim-be it for three seconds or three minutes. This is not an obvious basis to disregard Girlfriend's entire testimony.
III. Sufficiency of the Evidence
¶23 Having concluded that Doyle preserved his insufficiency challenge as to the inconclusive and speculative nature of the evidence, we turn to the merits of that argument. In doing so, we note "[a] defendant must overcome a substantial burden on appeal to show that the trial court erred in denying a motion for directed verdict."
State v. Gonzalez
,
¶24 "A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person ... against another person's imminent use of unlawful force."
¶25 Doyle contends that the State did not disprove his claim of self-defense because it "did not present a witness who was looking at [Victim] before Doyle punched him." Because Victim and Girlfriend were looking away before the attack, and because there were no other eyewitnesses to the events, Doyle asserts that there is no proof that Victim did not first threaten Doyle with the beer bottle. In addition, Doyle contends that the evidence is speculative because "Doyle's behavior after the incident" does not speak to Doyle's actions in regard to Victim. We conclude both contentions lack merit.
¶26 First, there was at least one witness to the incident. Victim testified that (1) his memory of before he was hit was "[v]ery clear," (2) when Doyle asked him if he was looking at him funny, he looked away to avoid a confrontation, and (3) he "did not want to confront [Doyle]." Further, when asked whether he made "any threats toward Mr. Doyle" or did "anything aggressive towards Mr. Doyle before [he] got punched," Victim said, "No." And even assuming that Girlfriend did not witness the initial hit because she momentarily looked away after Victim and Doyle were introduced, she testified that, based on her observations and impressions, Doyle "cold clocked" Victim and
that Doyle continued to hit and kick Victim while he was unconscious. At any rate, eyewitness testimony is not required to disprove self-defense.
See
Salt Lake City v. Carrera
,
¶27 Second, the evidence would not require rank speculation as Doyle contends. In this regard, Doyle misapprehends the distinction between speculation and reasonable inference. This distinction was explained by our supreme court in
Carrera
: "In short, the difference between an inference and speculation depends on whether the underlying facts support the conclusion. A jury draws a reasonable inference if there is an evidentiary foundation to draw and support the conclusion."
¶28 Moreover, J.G. testified that Victim is "such a nice guy" and a "nonviolent kind of guy." In contrast, J.G.'s girlfriend testified that Doyle was "hyped up" and "[r]eally aggressive." This is borne out by Doyle's actions throughout the night of the party. Doyle and his friends started several fights-with Victim, with J.G., and with a woman who was eight months pregnant. And when confronted by Uncle about the events in the kitchen, Doyle did not say Victim had threatened him. Instead, more consistent with Victim's and Girlfriend's accounts, Doyle told Uncle that Victim had "giv[en] him dirty looks" and "had disrespected him." These facts support a reasonable inference that, while Victim was nonviolent, Doyle was aggressive. They also support the further inference that Doyle did not defend himself in response to an unprovoked attack from Victim, but that Doyle felt disrespected and hit Victim as Victim was looking away. In short, there is "some evidence ... from which a reasonable jury could find" that Doyle did not act in self-defense.
Gonzalez
,
CONCLUSION
¶29 We conclude that Doyle preserved part of his insufficiency challenge through his motion for a directed verdict but did not preserve his Robbins challenge as to Girlfriend's testimony. On the unpreserved Robbins claim, we conclude that the trial court did not plainly err in not disregarding Girlfriend's testimony. And on the merits of the preserved claim, we conclude that the State provided sufficient evidence to disprove Doyle's theory of self-defense beyond a reasonable doubt. We therefore affirm Doyle's conviction for aggravated assault.
"When reviewing a jury verdict, we examine the evidence and all reasonable inferences drawn therefrom in a light most favorable to the verdict, and we recite the facts accordingly. We present conflicting evidence only when necessary to understand issues raised on appeal."
State v. Tulley
,
Doyle was charged with aggravated assault under Utah Code section 76-5-103.
At the end of trial, Doyle moved for two directed verdicts. The first was reserved by Doyle's counsel at the close of the State's case-in-chief and was presented with the second at the close of all the evidence. The first motion concerned the in-concert enhancement. In that motion, Doyle argued that "there were some considerable inconsistencies as to whether or not two or more people were involved" and that Girlfriend's testimony on this point was uncorroborated. In the second motion, Doyle argued self-defense, and that the State had not met its burden to disprove that defense. The State stresses that these motions were distinct and viewed in isolation by the trial court. Doyle counters in his reply brief that "the trial court understood Doyle's second motion incorporated the facts and argument from the first motion." We do not decide whether the motions can be viewed together. Even though the first motion made references to "inconsistencies," it made no suggestion that the trial court should disregard Girlfriend's testimony as inherently improbable. Considering both motions in context, neither raised, in isolation or together, the distinct
Robbins
issue Doyle raises on appeal.
State v. Robbins
,
Reference
- Full Case Name
- STATE of Utah, Appellee, v. Travis Lee DOYLE, Appellant.
- Cited By
- 25 cases
- Status
- Published