Affirmed and Opinion Filed May 28, 2015. 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05
- 14
- 00551
- CR 

### PATRICK ANTUAN KNOX , Appellant V. 

### THE STATE OF TEXAS , Appellee
On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380

- 81027

- 2013 MEMORANDUM OPINION Before Justices Lang, Stoddart, and Schenck Opinion by Justice Stoddart Patrick Antuan Knox was convicted of aggravated assault caus ing serious bodily injury in a bench trial after he waived his right to a jury. The trial court found an enhancement allegation true and sentenced Knox to sixteen years in prison. In two issues, Knox contends the evidence is insufficient to support a find ing that the victim suffered serious bodily injury and the trial court abused its discretion in sentencing him “without articulating sufficient reason and for disregarding mitigation evidence presented by the defense.” We overrule his issues and affirm th e trial court’s judgment.
B ACKGROUND On March 6, 2013, Knox and his wife, Shenekque Nash, were leaving the Collin County Courthouse. They began arguing in the parking lot, and several people saw Kno x punch and kick Nash. When two men tried to intervene, Knox threatened them saying, “You want some,– 2

– too?” Nash was lying unconscious on the ground. Sheriff deputies quickly arrived and determined that Knox was the aggressor. Dr. Lawrence Bean treated Nash when she arrived at the hospital by ambulance. Nas h suffered a traumatic head injury , was not oriented to time , and had no memory of the event

. According to Bean, w hen Nash presented at the emergency room, she posed a substantial risk of death due to the type of injuries she sustained. Bean determined
Na sh suffered a concussion and released her to go home later that day with pain medications and an order to see a neurologist for follow

- up care. Bean also testified that memory loss can occur as a result the type of traumatic head injury suffered by Nash. Nash’s mother testified that Nash lived with her before and after the assault. Her mother testified that before the assault, Nash had a good memory. But after the assault , Nash suffered long

- term memory loss, frequently forgetting events and conversation s with her mother. S TANDARD OF R EVIEW We review a challenge to the sufficiency of the evidence o n a criminal offense for which the State has the burden of proof under the single sufficiency standard set forth in Jackson v. Virginia , 443 U.S. 307 (1979). Acosta v. State , 429 S.W.3d 621, 624

– 25 (Tex. Crim. App. 2014). Under this standard, t he relevant question is whether, after viewing the evidence in the light most favorable to the verdict , any rational trier of fact could have found the essential element s of the crime beyond a reasonable doubt. Clayton v. State , 235 S.W.3d 772, 778 (Tex. Crim. App. 2011) (footnotes omitted). This standard accounts for the factfinder’s duty to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Id. Therefore, in analyzing legal sufficiency, we determine whether the nec essary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict. Id. When the record supports conflicting inferences, we– 3

– presume that the factfinder resolved the confl icts in favor of the verdict and therefore defer to that determination. Id. Direct and circumstantial evidence are treated equally: Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidenc e alone can be sufficient to establish guilt. Id. We measure the sufficiency of the evidence by the elements of the offense as defined by a hypothetically correct jury charge. See Adames v. State , 353 S.W.3d 854, 860 (Tex. Crim. App. 2011) (citing Malik v. State , 953 S.W.2d 234, 240 (Tex. Crim. App. 1997)). As applicable here, a person commits aggravated assault if the person intentionally, knowingly, or recklessly causes serious bodily injury to another, including the person’s spouse.
See T EX
. P ENAL C ODE A NN
. § § 22.01(a)(1), 22.02(a)(1) (West 2011).
D ISCUSSION A. Serious Bodily Injury Knox contends in his first issue that the evidence was insufficient to prove he caused serious bodily injury to Nash

. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. T EX
. P ENAL C ODE A NN
. § 1.07(a)(46). Whether an injury constitutes serious bodily injury is d etermined on a case by cases basis. See Moore v. State , 739 S.W.2d 347, 352 ( Tex. Crim. App. 1987) (plurality op.) (en banc) . A s ubstantial risk of death “is a risk that gives rise to apprehension of danger to life.” Id. at 353

. A “ protracted loss or impairment ” is one that is “ either continuing, dragged out, drawn out, elongated, extended, lengthened, lengthy, lingering, long, long

- continued, long

- drawn, never

- ending, ongoing, prolix, prolonged, or unending. ” Id. at 352. The loss of function need onl y be protracted, not permanent. See Andrus v. State , No. 05

- 08

- 00703

- CR, 2010 WL 797196, at *2 (Tex. App.

—– 4

– Dallas Mar. 10, 2010, no pet.) (mem. op., not designated for publication) (listing cases where serious bodily injury was found from loss of function f or three months, four weeks, six weeks, and three and a half months). The relevant inquiry is the extent of the bodily injury as inflicted, not after the effects have been ameliorated or exacerbated by medical treatment. Stuhler v. State , 218 S.W.3d 706, 714 (Tex. Crim. App. 2007). Bean testified Nash arrived at the hospital with obvious swelling and bruising to her head and face. She was only able to give one or two word responses to questions. He explained that a person like Nash w ith this type of tr aumatic head injury , confusion, and showing physical signs of trauma to the head, was at a significant risk of death. According to Bean, approximately one out of every thirty people with this type of head injury actually die from the injury. Although
Nas h tested positive for amphetamine and cannabis, Bean concluded her altered state and confusion was not due to those substances, but was the result of significant traumatic brain injury. Bean testified possible long

- term effects of traumatic brain injury in clude impaired
memory. There is evidence Nash suffered memory loss following the assault. Her mother testified at trial, more than a year after the assault, that Nash had difficulty remembering things. Before the assault, Nash’s memory was good, but af terwards, she would not remember things told to her just minutes or an hour before. This evidence supports a finding of serious bodily injury. See Powell v. State , 939 S.W.2d 713, 718

– 719 (Tex. App.

— El Paso 1997, no pet.) ( evidence police officer suffered concussion and memory loss as a result of defendant’s violently kicking him in the head was sufficient to show serious bodily injury). Considering all the evidence in the light most favorable to the jury’s verdict, we conclude a rational fact

- finder coul d have found the essential elements of the offense beyond a reasonable doubt. See Clayton , 235 S.W.3d at 778. We overrule Knox’s– 5

– first issue.
B. Sentencing Knox argues in his second issue that the trial court abused its discretion in sentencing him to priso n “without articulating sufficient reason and for disregarding mitigation evidence presented by the defense.” It is unclear whether this issue asserts the trial judge was biased or some other error in the sentencing process. From the argument and authoriti es cited in the brief, we consider the issue as raising a due process challenge to the sentence. However, Knox did not object to the sentence or otherwise bring this complaint to the attention of the trial court. We doubt Knox preserved this issue for review, however, we conclude the record shows no partiality by the trial court or that an improper sentence was imposed. See Brumit v. State , 206 S.W.3d 639, 64 4

– 4 5 ( Tex. Crim. App. 2006) (reserving question whether objection in trial court is required to preserve error regarding partiality of the trial court or imposition of a predetermined sentence)

.

“ Due process requires a neutral and detached hearing body or officer. ” Brumit , 206 S.W.3d at 645. “ [A] trial court ’ s arbitrary refusal to consider the entir e range of punishment in a particular case violates due process. ” Ex Parte Brown , 158 S.W.3d 449, 456 ( Tex. Crim. App. 2005); see also Brumit , 206 S.W.3d at 645. But “ [a]bsent a clear showing of bias, a trial court ’ s actions will be presumed to have been c orrect. ” Brumit , 206 S.W.3d at 645. Bias is not shown when (1) the trial court hears extensive evidence before assessing punishment, (2) the record contains explicit evidence that the trial court considered the full range of punishment, and (3) the trial c ourt made no comments indicating consideration of less than the full range of punishment. See id.; see also Brown , 158 S.W.3d at 456. The record shows the trial court heard punishment evidence and the arguments of counsel. Appellant requested probation and the State requested a sentence of twenty years. After– 6

– a ten

- minute recess, the trial court announced its finding that the enhancement paragraph was true and assessed punishment at sixteen years in prison, well within the range of punishment for the offense. The record is devoid of any statements by the trial court or other evidence indicating it failed to co nsider the full range of punishment or the evidence presented at the punishment hearing. Because there is absolutely no showing of bias in the record, we presume the trial court’s actions were correct. Brumit , 206 S.W.3d at 645. We overrule Knox’s seco nd issue. We affirm the trial court’s judgment.

/ Craig Stoddart/ CRAIG STODDART JUSTICE

Do Not Publish T EX
. R. A PP
. P. 47.2(b) 140551F.U05– 7

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# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT PATRICK ANTUAN KNOX, Appellant
No. 05

- 14

- 00551

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380

- 81027

- 2013. Opinion delivered by Justice Stoddart. Justices Lang and Schenck participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED

. Judgment entered this 28th day of May, 2015.