Posts tagged with "acquittal"

Larceny Convictions Reversed Where State Provided Insufficient Evidence of Property’s Value

Appellate Court of Connecticut

In a criminal law matter, the Appellate Court of Connecticut reversed a defendant’s larceny-related convictions, agreeing that the State did not provide sufficient evidence to convict.

This case first arose from an incident that occurred on January 26, 2004. Police responded to a Cumberland Farms store that was broken into. They located a hole cut into the roof, as well as the store safe partially broken into: $446 was taken from the bottom drawer, but the top drawer was undisturbed. In addition, an ATM with $7,500 showed signs of an unsuccessful break-in. Police found burglar’s tools, a piece of paper with the defendant’s shoe print on it, as well as knit caps and a bandana.

Case Details

On February 29, 2004, police in a neighboring town responded to an alarm at a liquor store. When they arrived, they spotted a Nissan Altima speeding away. However, an officer permitted the vehicle to leave because his partner did not confirm whether or not a crime had been committed.

An investigation revealed a tampered alarm box as well as a hole cut through the roof, burglar’s tools, and a red knit cap. The suspected burglary was immediately reported, and officers pursued the Nissan Altima, which crossed into Massachusetts. Nonetheless, the vehicle was stopped and four men, including the defendant, were brought to state police barracks. There, a Connecticut state trooper seized the men’s clothing, including the sneakers the defendant was wearing.

The defendant was subsequently arrested and faced numerous charges, including attempt to commit larceny in the first degree and conspiracy to commit larceny in the first degree. At trial, the State presented evidence showing the amounts of money within the ATM and bottom drawer of the safe, totaling $7,946. In addition, a Cumberland Farms employee testified that the top draw had “a fair amount” of money within. However, the State did not present evidence that this “fair amount” exceeded $2,054, or that any other potential source of money was accessible to the defendant.

Nonetheless, the defendant was convicted following a jury trial and he appealed. He argued that the State presented insufficient evidence of the larceny charges because they did not prove that he “attempted to take, or conspired to take, property in excess of $10,000.” Therefore, he sought acquittal on these charges. The State countered that the proper course of action is conviction for second-degree larceny, which they argued was a lesser included offense.

Connecticut General Statute (CGS) § 53a-119

Under Connecticut General Statute (CGS) § 53a-119, larceny is defined in the following manner: “A person commits larceny when, with the intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains, or withholds such property from an owner.”

First-degree larceny is committed when the value of the property exceeds $10,000, while second-degree has a lower threshold value of $5,000. Conspiracy to commit larceny requires a showing of intent to deprive another’s property, plus wrongful conspired or attempted taking of such property. The Appellate Court of Connecticut has authority to simultaneously reverse convictions order entries of judgment for lesser-included offenses.

Court Decision 

In this case, the Appellate Court was persuaded by the defendant’s sufficiency of the evidence claim. It disagreed with the State that the jury reasonably inferred that a “fair amount” of money located in the top drawer exceeded $2,054, thus bringing the total value to $10,000 as required for first-degree larceny.

The Court further held that acquittal was the proper remedy. It explained, “Although it is true that there was evidence from which the jury might have concluded that the value of the property exceeded $5000, we do not know what evidence the jury accepted and what it rejected or how it reached the conclusion it did reach.” The Court would not speculate, and therefore reversed conviction on these counts with the direction to the lower court to enter findings of not guilty.

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny or conspiracy to commit larceny, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Defendant’s Reckless Driving Conviction Was Not Inconsistent With Acquittal for Risk of Injury Due to Unique Criminal Elements

In a recent criminal law matter, the Appellate Court of Connecticut rejected a defendant’s claim that his conviction for reckless driving was inconsistent with his acquittal for risk of injury to a child.

This case arose from an incident that occurred on the afternoon of February 10, 2007. A citizen was idling in her car at a red light, with minor children passengers, when she observed the defendant rapidly approaching her from behind in his car. He stopped within close proximity and began “honking his horn… flashing his lights and revving his car while using hand gestures urging her to proceed.” When the citizen pointed to the red light, the defendant drove his car into hers and pushed it into the middle of the intersection before proceeding past her vehicle. A passenger wrote down the license plate, which was supplied to police.

The defendant was arrested and charged with multiple counts, including reckless driving and risk of injury to a child, in violation of Connecticut General Statutes §§ 14-222 and 53-21. He was convicted of the former but acquitted on the latter and following sentencing the defendant appealed. He argued that there was insufficient evidence of reckless driving, and that the conviction was inconsistent with his acquittal on risk of injury to a child.

To be convicted of reckless driving, the State must prove beyond a reasonable doubt that the defendant operated a motor vehicle on a public highway, “having regard to the width, traffic and use of such highway… at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle.” Conversely, for risk of injury to a child, the State must instead prove that the defendant “willfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered.”

In this case, the Appellate Court determined that there was sufficient evidence of reckless driving, based on the testimony of the witness describing the events that occurred. As the ultimate arbiter of credibility, the court was free to believe this testimony, in whole or in part, and in so doing had sufficient evidence to convict. In addition, the Appellate Court stated that the conviction and acquittal were not inconsistent. In a Supreme Court of Connecticut decision in 2000, the Court stated, “If the offenses charged contain different elements, then a conviction of one offense is not inconsistent on its face with an acquittal of the other.” Looking to the elements of each crime, each offense contains unique elements not found in the other, and as the results were not inconsistent. Therefore, the Appellate Court affirmed the judgment.

When faced with a charge of reckless driving, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.