Full Opinion

Cite as 2026 Ark. App. 448 ARKANSAS COURT OF APPEALS DIVISION I No. CR-25-652 JEWELL JOHNSON Opinion Delivered September 30, 2026 APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, V. FIRST DIVISION [NO. 60CR-23-2544] STATE OF ARKANSAS APPELLEE HONORABLE LEON JOHNSON, JUDGE AFFIRMED STEPHANIE POTTER BARRETT, Judge Appellant, Jewell Johnson (“Johnson”), was found guilty by the Pulaski County Circuit Court of two counts of first-degree battery. He was sentenced to an eighty-four-month term of incarceration in the Arkansas Division of Correction on both counts, with the sentences to run concurrently. On appeal, Johnson contends that sufficient evidence did not support his convictions. We affirm. On July 5, 2023, the State filed a criminal information charging Johnson with two counts of first-degree battery, a Class B felony, in violation of Arkansas Code Annotated section 5-13-201 (Supp. 2023). Johnson waived his right to a trial by jury, and he was tried in a bench trial on April 28, 2025. At the trial, Dannette Plant (“Plant”) testified that Johnson is her grandchildren’s father. Plant stated that on April 21, 2023, she and her boyfriend, Daniel Slater (“Slater”), were on their way to Casey’s gas station, where she worked, to give another employee a graduation gift. She further stated that when she and Slater were stopped at the intersection of University and Asher, they noticed Johnson and his mother in a vehicle beside them. Plant testified that once the light changed, they continued toward Casey’s, and Johnson followed them. Plant and Slater’s vehicle ran out of gas, and they coasted into the gas station. She testified that when they arrived at the gas station, Johnson, who had previously been prohibited from entering the store, attempted to enter. She tried to prevent him from entering and called the police, but a confrontation ensued between Johnson and Slater. During the altercation, both she and Slater were stabbed, and blood was all over the floor. Although she did not see a knife, she realized she had been stabbed when she noticed blood on her jeans and later saw that Slater was bleeding as well. A flash drive containing surveillance footage from the Casey’s security camera was admitted into evidence without objection. The surveillance footage depicted the altercation, including Johnson stabbing both Plant and Slater, and showed blood on the floor. Plant further testified that while Johnson was on top of Slater, she hit Johnson in an attempt to get him off of Slater. She then noticed that her pants were covered in blood and that blood was coming from beneath Slater. She was taken to the hospital, where she remained for approximately a week and a half. She did not undergo any surgeries but was “stitched up.” She stated she was stabbed in what she described as the main artery in her 2 thigh and twice in her wrist, and that her wrist was broken. Photographs depicting Plant’s injuries at the hospital were admitted into evidence without objection. On cross-examination, Plant admitted that the store manager had prohibited Johnson from entering the store but that there was no court-issued trespass order. She also admitted that she was not sure whether Johnson knew he was not supposed to be there. Plant acknowledged that Johnson had ongoing problems with her family. Plant denied initiating physical contact with Johnson but testified that Slater was “tussling” with Johnson while attempting to push him out of the store. Plant denied that she or Slater had a gun. On redirect examination, she testified that she got involved in the physical altercation when Slater fell. She maintained that she was trying to get Johnson off of Slater. Slater testified that at the time of the incident, he knew of Johnson, but he had never spoken to him. On April 21, 2023, Slater was with Plant. He further testified that he and Plant were both employed at Casey’s at that time. On the day of the incident, before arriving at Casey’s, Slater and Plant noticed Johnson and his mother in a vehicle beside them at the intersection of Asher and University. When Slater and Plant arrived at Casey’s, Johnson was standing near the door. Slater testified that Johnson and Plant began arguing inside the store. Slater and Plant told Johnson to leave because they believed he was not permitted in the store. Slater further testified that he believed the confrontation had been preplanned because Johnson’s mother moved to the driver’s seat and waited outside. 3 Slater became involved in an attempt to stop the bickering between Johnson and Plant. Slater testified that he and Johnson initially scuffled but separated. A second altercation began when Johnson approached Slater, and Slater pushed him back. The two began struggling, during which Johnson stabbed Slater, and both men eventually ended up on the floor. Slater further testified that he was stabbed in his thigh, back, spine, and neck. He was hospitalized for approximately a month and a half. He did not undergo any surgeries. At the time of trial, Slater was walking with a cane and still had issues with his leg due to the stabbing. On cross-examination, Slater testified that he believed Johnson was prohibited from entering Casey’s because the store manager had told employees that Johnson was not allowed there. Slater acknowledged that he did not know whether a formal trespass order had been entered. Slater denied he had a gun that night. George Hawkins, an officer with the Little Rock Police Department, testified that he responded to a call regarding a cutting that occurred at the Casey’s gas station on April 21, 2023. When Officer Hawkins arrived at the gas station, he saw Slater lying on the ground with “a lot of blood on the floor.” Officer Hawkins applied a tourniquet to Slater’s right leg and pressure on the laceration on the back of his head until medical assistance arrived. Officer Hawkins confirmed that Slater was “bleeding pretty bad” and had injuries on the back of his head and neck. 4 Curtis Shamley, a Casey’s employee, testified that on April 21, 2023, he was working as a clerk behind the counter when Plant and Slater entered the store. He further testified that he saw a fight and saw that Johnson had a knife. Shamley stated that Slater was stabbed an unknown number of times and that there was a lot of blood. Shamley identified Johnson as the one with the knife. He further testified that Slater was on the floor and had several deep cuts. According to Shamley, Plant had two injuries, one to her inner thigh and one involving a fractured bone. On cross-examination, Shamley testified that he had worked at Casey’s for approximately eight years. He further testified that there was no written list or photographs identifying individuals who were prohibited from entering the store; instead, employees were verbally told who was not permitted inside. Shamley had never seen Johnson before that day. Dr. Komi Vovor-Dassu, a board-certified emergency physician, was qualified as an expert witness in emergency medicine. He testified that on April 21, 2023, he treated Plant and Slater. He stated that Plant sustained a stab wound to her upper extremity and leg, including an injury to her right leg blood vessel. He further stated that Plant suffered an arterial bleed and was admitted to the hospital for observation. Plant did not require surgery. Dr. Vovor-Dassu testified that pressure was applied to the bleed and that the wound was closed and dressed with pressure. He stated that if the wound had not been treated, it could have been life threatening. Regarding Slater’s injuries, Dr. Vovor-Dassu testified that he had stab wounds to his arm, leg, and back, including a wound to the middle of his back. At the hospital, Slater 5 complained that he could not move his right leg. A CT scan showed a tiny air droplet near Slater’s spine, indicating that something had happened to his spine. An MRI confirmed a stab wound between the T9 and T10 vertebrae. Dr. Vovor-Dassu testified that the wound caused a Brown-Séquard injury, which can cause weakness in an extremity and loss of sensation on the opposite side. He further testified that effects could be long lasting and could persist for months or years. Slater also had an injury at the base of his neck. On cross-examination, Dr. Vovor-Dassu was unable to recall if Slater had surgery but testified that he was admitted to the hospital and was “in the hospital for a while.” The State then rested. After the close of the State’s case, Johnson moved for dismissal, arguing that the State failed to present sufficient evidence that either victim sustained a serious physical injury. As to Plant, Johnson argued that her injury required stitches but that she was not hospitalized for more than twenty-four hours. As to Slater, he emphasized Dr. Vovor-Dassu’s inability to recall whether Slater needed surgery or the length of his hospitalization and prognosis. The circuit court denied the motion. Johnson then testified in his defense. He testified that he went into Casey’s to purchase gas and a Gatorade and denied touching Plant or Slater first. He stated that Slater grabbed and held his arm as he tried to leave the store and later struck his arm, after which the altercation escalated, and Plant became involved. Johnson further testified that he had a knife for his construction work but denied intentionally pulling it from his pocket. He testified that after the altercation, he went to his vehicle, called the police, and remained at 6 the scene until officers arrived. Johnson also stated that the tip of his finger was cut off during the altercation. Johnson testified that he saw Slater place a firearm in the small of his back before entering the store. He also denied knowing that he was prohibited from Casey’s or receiving notice that he was not permitted there. Johnson further testified that he had prior conflicts with Plant’s family, including a 2021 incident in which Plant’s son shot at Johnson’s truck while Johnson was inside and threatened him. On cross-examination, Johnson testified that he stopped at Casey’s because he believed Plant and Slater had been following him and wanted to remain in a public place. He maintained that he had seen a firearm in the small of Slater’s back but acknowledged that he did not see Slater use it during the altercation. While reviewing the surveillance footage, Johnson admitted that the video showed him stabbing Slater multiple times. He also testified that he did not recall telling the police that Slater had a firearm. After Johnson rested, he renewed his motion to dismiss, and the State renewed its earlier response.1 The circuit court found Johnson guilty of both counts of first-degree battery. The circuit court held a sentencing hearing on June 23, 2025. The circuit court sentenced Johnson to eighty-four months in the Arkansas Division of Correction on both 1 Although the circuit court did not expressly rule on Johnson’s renewed motion to dismiss, the motion is deemed denied for purposes of appellate review. See Ark. R. Crim. P. 33.1. 7 counts. The circuit court ordered that the sentences run concurrently. The sentencing order was filed on July 23, 2025. A motion to dismiss at a bench trial is identical to a motion for directed verdict at a jury trial in that it is a challenge to the sufficiency of the evidence. Cottrell v. State, 2024 Ark. App. 175, at 4–5, 686 S.W.3d 582, 585. The denial of a motion to dismiss is affirmed if there is substantial evidence, direct or circumstantial, to support the conviction. Id. Substantial evidence is evidence that is sufficient to compel a conclusion beyond suspicion and conjecture. Id. On appeal, we view the evidence in the light most favorable to the verdict, considering only evidence supporting the verdict. Id. Moreover, we do not weigh the evidence presented at trial since that is a matter for the fact-finder, nor do we assess the credibility of the witnesses. Id. The fact-finder is not required to believe any witness’s testimony, especially the self-serving testimony of the accused, because the accused is the person most interested in the outcome of the trial. Id. Johnson’s sole point on appeal is that sufficient evidence did not support his convictions. Specifically, he argues that the “serious physical injury” element of first-degree battery was not supported by substantial evidence. Johnson was charged and convicted of two counts of first-degree battery under Arkansas Code Annotated section 5-13-201. Under subdivision (a)(1), a person commits first-degree battery if, with the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon. Ark. Code Ann. § 5-13-201(a)(1). 8 “Serious physical injury” is defined as a “physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.” Ark. Code Ann. § 5-1-102(21) (Repl. 2024). Whether a person has suffered serious physical injury is ordinarily an issue for the trier of fact. Johnson v. State, 2017 Ark. App. 71, at 3, 510 S.W.3d 298, 301 (citing Williamson v. State, 2011 Ark. App. 73, at 3–4, 381 S.W.3d 134, 137; Bangs v. State, 338 Ark. 515, 998 S.W.2d 738 (1999)). It is not necessary that the impairment be permanent but only protracted. Id. (citing Bell v. State, 99 Ark. App. 300, 259 S.W.3d 472 (2007)). And the fact that the victim ultimately recovers has no bearing on whether the injury sustained is serious. Id. (citing Brown v. State, 347 Ark. 308, 65 S.W.3d 394 (2001)). Moreover, expert medical testimony is not required to prove serious physical injury—the finder of fact may use its common knowledge to determine whether such injury occurred. Id. (citing Hughes v. State, 2015 Ark. App. 378, at 8, 467 S.W.3d 170, 175). Johnson does not dispute that he stabbed Plant and Slater. Instead, he argues that the evidence concerning the nature and extent of their injuries was insufficient to satisfy the statutory definition of serious physical injury. As to Plant, the evidence was sufficient to establish that her injuries created a substantial risk of death. Plant testified that she was stabbed in her thigh and wrist and that she remained hospitalized for approximately a week and a half. She described one of the injuries as involving the main artery in her thigh and testified that her wounds required stitches. Dr. Vovor-Dassu described Plant’s injury as serious and testified that she suffered 9 an arterial bleed that could have been life threatening if left untreated. Surveillance footage depicting the altercation and photographs showing Plant’s injuries, together with her testimony and Dr. Vovor-Dassu’s testimony concerning the severity of her injury, constitute substantial evidence that Plant sustained a serious physical injury. This conclusion is consistent with Witherspoon v. State, 319 Ark. 313, 891 S.W.2d 371 (1995), in which the Arkansas Supreme Court held that a gunshot wound that narrowly missed a major artery and resulted in a two-day hospitalization was sufficient to establish a serious physical injury. The evidence likewise established that Slater sustained a serious physical injury. Slater testified that Johnson stabbed him several times in his thigh, back, spine, and neck. He remained hospitalized for approximately six weeks and continued to experience problems with his leg at the time of the trial; nearly two years after the stabbing, Slater was still walking with a cane. Dr. Vovor-Dassu testified that imaging revealed a stab wound between Slater’s T9 and T10 vertebrae and that Slater complained that he could not move his right leg. Dr. Vovor-Dassu explained that this type of spinal injury can result in weakness and loss of sensation in the extremities that could last for months or years. The evidence of Slater’s spinal injury, lengthy hospitalization, and continuing difficulty walking constitutes substantial evidence of protracted impairment of bodily function. Johnson argues that the evidence was insufficient because neither victim underwent surgery and because Dr. Vovor-Dassu testified only to what the injuries could cause. He also contends that the surveillance footage demonstrates Plant was not seriously injured because she continued to walk, talk on the phone, and gesture after the stabbing. Johnson 10 acknowledges that there was more evidence of serious physical injury to Slater but argues that Dr. Vovor-Dassu testified only to what the spinal injury could cause and did not establish that Slater experienced those effects. Those arguments do not render the evidence insufficient. The absence of surgery does not change the evidence concerning the nature and severity of the victims’ injuries. Nor was the State’s proof limited to Dr. Vovor-Dassu’s testimony regarding possible consequences. Plant testified regarding the location of her wounds, the treatment she received, and the length of her hospitalization, while Dr. Vovor-Dassu testified that she suffered an arterial bleed that could have been life threatening if not treated. Plant’s conduct immediately following the stabbing does not change the evidence concerning the nature and severity of her injuries. Similarly, the evidence regarding Slater’s impairment was not merely hypothetical. In addition to Dr. Vovor-Dassu’s testimony concerning the spinal injury and its potential effects, Slater testified that he remained hospitalized for approximately six weeks and continued to suffer problems with his leg. At the trial, nearly two years later, Slater was still walking with a cane. Thus, there was evidence that the impairment was, in fact, protracted. Viewing the evidence in the light most favorable to the verdict and considering only the evidence supporting it, substantial evidence supports the circuit court’s conclusion that Plant and Slater suffered serious physical injuries within the meaning of the statute. Therefore, we affirm Johnson’s convictions for first-degree battery. Affirmed. 11 HARRISON and BROWN, JJ., agree. Tim Cullen, for appellant. Tim Griffin, Att’y Gen., by: Brooke Jackson Gasaway, Ass’t Att’y Gen., for appellee. 12