Posts tagged with "burglary"

Although Court Misinstructed the Jury on Essential Criminal Elements, Overwhelming Evidence of Guilt Supported the Conviction on Appeal

Written by Lindsay E. Raber, Esq.

In a previous article, the defendant failed to convince the Appellate Court that the State provided insufficient evidence to convict him of numerous charges arising from a robbery incident. He further contended that the trial court misinstructed the jury regarding attempt to commit assault in the first degree, and its failure to do so constituted harmful error that deprived him of his right to fair notice of the charges against him.

The defendant was charged for attempted assault under Connecticut General Statutes § 53a-59(a)(1), which requires a showing of attempted serious physical injury by use of a deadly weapon. However, the judge instructed the jury by the language of § 53a-59(a)(5), which only requires intent to cause physical injury by means of discharging a firearm. Because of this error, the defendant argued that the court improperly gave the jury a “legally inadequate theory of liability.”

What is Considered ‘Harmless Error’?

It is harmless error for a court to give an instruction that improperly omits an essential criminal element “if a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error.” This concept goes hand-in-hand with another principle of appellate review of jury instructions: “[T]he test of a court’s charge is… whether it fairly represents the case to the jury in such a way that injustice is not done to either party.”

The Decision

In this case, the Appellate Court found that with respect to the element describing the type of weapon, the jury was not misled. It received a written copy of the jury charge for deliberation purposes, and within this document was the definition of “deadly weapon.” In addition, the jury found the defendant guilty of robbery in the first degree, which requires that the defendant be armed with a dangerous weapon while committing the crime.

In addition, the element regarding the seriousness of the attempted injury was satisfied by the evidence. It was undisputed that the perpetrator aimed for the cashier’s midsection while firing at close range. As the Court explained, “There can be no doubt that such action ‘creates a substantial risk of death, or… serious disfigurement… impairment of health… loss or impairment of the function of any bodily organ.” The defendant never contested this evidence at trial, only his identification as the perpetrator. Therefore, the Court found that the misinstruction was, beyond a reasonable doubt, harmless error and did not mislead the jury.

When faced with a charge of larceny, burglary, robbery, or attempt, 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.

Deli Robber’s Conviction Upheld, as State Presented Sufficient Evidence to Establish Requisite Guilt

Written by Lindsay E. Raber, Esq.

In a criminal law matter, the Appellate Court of Connecticut held that the State presented sufficient evidence to convict the defendant of charges arising from the robbery of a deli.

Case Background

This case arose from an incident that occurred on February 26, 2005. The defendant wore a half mask as he entered a deli, pulled a handgun from his jacket pocket, and pointed it at the cashier while demanding money. When the cashier went to get his wallet from his coat, located behind a glass deli case, the defendant fired at him twice. Both shots missed, and the defendant escaped with a paltry $38 cash.

One month after the robbery, police presented a photographic array to the cashier, who chose the defendant but needed a recently-taken picture to be sure. Four days later, a newspaper article with a more recent picture of the defendant appeared, linking him with another robbery. The cashier promptly called police and stated the man in the newspaper photograph (the defendant) was the same man who robbed him at the deli, then made a positive identification (ID) of the defendant in a second photographic array. However, the gun used to perpetrate this crime was never recovered.

Sufficient Evidence For Robbery, Larceny, and Attempt to Commit Assault Found

The defendant was charged with a convicted of robbery in the first degree, larceny in the sixth degree, attempt to commit assault in the first degree, and carrying a pistol without a permit. On appeal, he argued that the State presented insufficient evidence identifying him as the robber. The defendant claimed that the cashier’s ID was unreliable because the perpetrator wore a mask. He cited the cashier’s initial inability to positively identify the defendant in the first photographic array and the passage of time between the incident and the second photographic array.

The Appellate Court was not convinced, citing a plethora of trial evidence upon which the jury could reasonably conclude the defendant as the robber. The cashier saw the defendant for an extended period of time in a brightly lit area at close proximity. According to testimony, the mask itself was particularly thin, allowing the cashier to see features through it, and was only a half mask, which does not cover one’s mouth, nose, forehead, eyes, and sections of hair.

Finally, in contrast to the defendant’s assertion, the cashier was “100 percent sure that the defendant was the [perpetrator]” and made an in-court identification during trial. It was up to the jury, as the arbiter of credibility, to decide what testimony to believe. Thus, this aspect of the defendant’s insufficiency of the evidence claim failed.

Sufficient Evidence for Carrying a Pistol without a Permit Found

In Connecticut, a person may not carry a pistol or revolver outside of their home or place of business without a permit to do so. A pistol or revolver that falls under this statute must have a barrel length of less than twelve inches. Without the gun itself presented into evidence, the defendant argued that the State did not sufficiently establish the length of the barrel on the firearm used in the robbery. As such, a conviction for this charge was improper.

Police recovered two spent .45 caliber shell casings and two spent bullets, the latter located behind the deli case. At trial, State experts testified that only a handful of companies create the weapons that can fire this ammunition, and “none… manufactured firearms with a barrel length of more than twelve inches capable of discharging the kind of spent casings and bullets found at the scene of the robbery.”

In addition, the cashier provided testimony that the firearm was pulled from a jacket pocket and held with just one hand, facts from which inferences are permitted that would suggest the barrel is only twelve inches or less in length. Therefore, the Appellate Court found that the jury could reasonably infer that all elements of the carrying without a permit charge were supported by sufficient evidence.

When faced with a charge of larceny, burglary, robbery, or attempt, 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.

Intent Element of Conspiracy Established Where Weapon Used in Robbery Was Obtained in Victim’s Home

Written by Lindsay E. Raber, Esq.

In a criminal law matter, the Appellate Court of Connecticut upheld a defendant’s conviction for conspiracy to commit robbery in the first degree, since use of a knife obtained the victim’s home furthered the scheme.

The Case

This case arose from an incident that occurred on January 22, 2005. The defendant and another man were armed and wearing masks when they broke into the victim’s apartment. They bound the victim and began to beat him, demanding money and rummaging through his personal belongings. One of the men found a knife in the kitchen and heated it on the stove, then they used it to repeatedly burn the victim in hopes that he would reveal where more money was located. In total, the duo took over $12,000 worth of property and cash from the victim’s residence.

The victim was taken from his home and brought to other locations where additional money may have been located. Despite numerous threats to kill the victim, he was released in a high school parking lot in a neighboring town. The perpetrators left the victim with his cell phone and even called 911 on his behalf before departing. The victim conveyed to the operator that he knew the identity of one of the perpetrators, the defendant, from a previous business transaction. After the victim received treatment for his injuries at a local hospital, he identified the defendant in a police photographic array.

Robbery Charges

The defendant was subsequently charged with numerous counts and convicted of conspiracy to commit robbery in the first degree, in violation of Connecticut General Statutes §§ 53a-48(a) and 53a-134(a). He was sentenced to eighteen years of incarceration but appealed, arguing in part that the evidence was insufficient to support his conviction.

Under Connecticut General Statutes § 53a-133, a person commits a robbery when, during the commission of a larceny, he uses or threatens to use physical force against the victim for one of two purposes: to counter resistance to the taking of property, or to coerce the delivery of property. To qualify for robbery in the first degree, one of four scenarios must be met, including the use or threatened use of a dangerous instrument.

Conspiracy Charges

On the other hand, a conspiracy is an agreement between two or more persons to commit a crime, and one of them commits an overt act in the furtherance of the conspiracy. For the State to secure a conviction, it must show beyond a reasonable doubt “(1) that a defendant intended that conduct constituting a crime be performed [and] (2) that he agreed with one or more persons to engage in or cause the performance of such conduct.” Rarely is a conspiracy proven through direct evidence; thus, the use of circumstantial evidence has become commonplace.

The Decision

In this case, the Appellate Court determined that there was sufficient evidence to convict the defendant of this crime. The victim testified as to the use of the knife, a “dangerous instrument,” during and in furtherance of the robbery itself. Intent is not diminished simply because the knife was found at the apartment: “As long as the defendant had time to reflect and to deliberate on his actions, he can be held culpable for the requisite specific intent to commit a crime.” Therefore, the conviction was upheld.

When faced with a charge of larceny, burglary, conspiracy, or attempt, 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.

In Reviewing Evidentiary Inferences, Whether They Are Reasonable and Logical is Paramount Consideration on Appeal

Written by Lindsay E. Raber, Esq.

As described in a previous article, the Appellate Court of Connecticut agreed with the State that a jury made permissible inferences regarding a defendant’s fraudulent receipt of worker’s compensation benefits. Prior to this decision, the Court heard additional matters regarding the sufficiency of the evidence used to convict the defendant of charges stemming from the hotel robbery itself.

As the police investigation proceeded, the evidence began to indicate that the defendant was not an innocent victim of the robbery, but rather an active participant. As such, she was arrested for and charged with larceny in the first degree and falsely reporting an incident in the second degree, in violation of Connecticut General Statutes §§ 53a-122(a)(2) and 53a-180c(a)(3). A jury returned guilty verdicts on both counts, and the defendant received a total effective sentence of twelve years’ incarceration, execution suspended after five years, with five years of probation.

The Defendant’s Appeal

On appeal, the defendant asserted four arguments, including the claim that the trial court erred by not granting her motion for a judgment of acquittal (MJOA) for both crimes. After the State closed its case-in-chief, defense counsel orally moved for acquittal, arguing that “the evidence was insufficient to permit a finding of guilt as to either crime in general.” The court denied this motion, and defense counsel promptly rested its own case.

The defendant initially attempted to diminish the evidence’s sufficiency by noting it was circumstantial, rather than direct, in nature. However, there is no legal distinction between these two types of evidence with respect to probative force. As long as a jury is convinced of guilt beyond a reasonable doubt, either form may be used.

The defendant further asserted her insufficiency of the evidence claim by arguing that police did not spend enough time on this case to pursue other possible perpetrators, such as the defendant’s coworkers. In her appellate brief, the defendant argued that the jury should have disagreed with the State’s interpretation of the evidence to favor her own, asserting “‘plausible’ ways to interpret the evidence so as to reach a [not guilty] verdict.”

The Court’s Decision

When a jury considers evidence, it need not “accept as dispositive those inferences that are consistent with the defendant’s innocence. … The [finder of fact] may draw whatever inferences from the evidence or facts established by the evidence that it deems to be reasonable and logical.” Therefore, when a reviewing court determines whether or not a jury’s inference was proper, it asks whether there is “a reasonable view of the evidence that supports the [finder of fact’s] verdict of guilty.”

In this case, it was the jury’s authority to weigh the credibility of witness testimony and choose which inferences to accept – here, those asserted by the State. Therefore, the Court found that there was ample evidence to support the defendant’s convictions, and the denial of the MJOA was not erroneous.

When faced with a charge of larceny, burglary, conspiracy, or attempt, 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.

Jury Reasonably Concluded Threat of Force Was Made During Course of Robbery; Absence of Firearm Immaterial

Written by Lindsay E. Raber, Esq.

In a criminal law matter, the Appellate Court of Connecticut rejected a defendant’s claims that the State provided insufficient evidence to convict her of robbery and conspiracy.

The Case

This case arose from an incident that occurred on February 29, 2004. A loss prevention supervisor at the J.C. Penney in Danbury observed the defendant and her friend taking a foot massager from the store without paying for it. He pursued them into the mall and requested that they return with him; both refused and claimed they purchased the item. The defendant then threatened that she would blow the supervisor’s brains out if he touched the friend, who was presently holding the massager. The friend dropped the item as they walked away.

The defendant was subsequently convicted on numerous counts, including robbery in the third degree and conspiracy to commit robbery in the first degree. Following sentencing, she appealed and argued in part that there was insufficient evidence to convict. She claimed that the statement was not made for the purpose of retaining possession of the foot massager. The defendant further stated that at the time the threat was made, she made no action indicating she actually had a firearm in her possession.

What Qualifies as ‘Robbery’ and ‘Threat of Force’

Under Connecticut General Statutes § 53a-133, a person commits a robbery:

[W]hen, in the course of committing a larceny, he uses or threatens to use immediate use of physical force upon another person for the purpose of: (1) Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or (2) compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny.

A jury must consider whether the use or threatened use of force takes place “during the continuous sequence of events surrounding the taking or attempted taking.” If the jury answers in the affirmative, the use in question “is considered to be in the course of the robbery or attempted robbery within the meaning of the statute.” In this case, the Appellate Court determined that the jury had authority to conclude that the threat made by the defendant – blowing the supervisor’s brains out – was made “during the continuous sequence of events surrounding the taking of the foot massager.” Indeed, it was stated while the friend was holding onto the massager after they had only just left the store.

The Court’s Decision

The Appellate Court rejected the defendant’s argument regarding the significance of an absent firearm. Third degree robbery requires mere physical force, while robbery in the first degree includes “[threatened] use of what he represents by his words or actions to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.” In other words, the State need not prove that the defendant in question actually had a gun at the time he made the threat. Therefore, with respect to this aspect of the appeal, the Court agreed that the State provided sufficient evidence to convict on both counts.

When faced with a charge of larceny, burglary, conspiracy, or attempt, 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.

Captured Fugitive Could Not “Reap the Benefit” of His Status When Appealing Burglary Conviction

Supreme Court of Connecticut: Criminal Law Matter

In a criminal law matter, the Supreme Court of Connecticut held that the fugitive felon disentitlement doctrine applies not just to fugitives in flight, but also those who are arrested prior to filing their appeals.

This case arose from an incident that occurred on April 27, 1999. The victim arrived at his workplace and discovered the unauthorized presence of the defendant, who immediately ran off. Police found that two computers were unplugged with their keyboards in the garbage. The defendant was charged and convicted of burglary in the third degree and attempt to commit larceny in the first degree.

However, prior to sentencing in December 2000, the defendant posted bond and fled to England, though he was rearrested and extradited to Connecticut. He once more posted bond and fled the country prior to his second sentencing date, was rearrested, and finally sentenced in November 2008. The defendant appealed his conviction, in part claiming insufficient evidence to convict for attempted larceny. However, the State argued that the defendant’s appeal should be wholesale dismissed because of the fugitive felon disentitlement doctrine.

Court’s Authority

The doctrine of fugitive felon disentitlement gives the court authority to dismiss a fugitive defendant’s appeal under certain circumstances. It is not accepted in all U.S. jurisdictions, and Connecticut has only addressed the doctrine in three cases where the fugitive filed his appeal while still on the run. Therefore, the Supreme Court set to the task of determining whether the doctrine applied to a fugitive who filed an appeal after being arrested, and if so, the scope of its application.

There are several rationales for the doctrine, only one of which applied in this context: “the promotion and protection of the dignified and efficient operation of the appellate system.” Courts want to ensure that defendants do not game the system through their fugitive status “by gaining unfair advantages due to the passage of time at the expense of the integrity of the appellate process.” In this case, the Supreme Court held that a fugitive’s post-arrest appeal may be dismissed if his conduct undermined the appellate process.

Thus, if the State seeks to assert the doctrine, it must show specific instances of prejudice caused by the fugitive’s flight, such as the loss of evidence or witness-related issues. If the State meets this burden, it is then shifted to the defendant, who must establish by a preponderance of the evidence that his flight was not prejudicial.

Court Decision

The Supreme Court found that in this case the State alleged sufficient evidence that the defendant could not rebut. “The appellate process has been prejudiced by the loss of trial exhibits and by the effect that the passage of time has had on the availability and reliability of witnesses.” Therefore, all of the defendant’s claims on appeal, including insufficiency of the evidence, were not reviewable because the doctrine applied.

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny, burglary, or attempt, 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.

Perpetrator Not “Beamed There By Martians” – Court Upholds Defendant’s Accessory Conviction

Appellate Court of Connecticut: Criminal Law Matter

In a criminal law matter involving a defendant’s accessory conviction, the Appellate Court of Connecticut rejected a defendant’s claim that the State presented insufficient evidence that she participated in a plot to steal nearly a quarter of a million dollars from her employer.

This case involved the February 22, 2005 theft of approximately $248,000 in cash from a bank located in New Britain. The interior of the location has little public access, and employees must first be buzzed into or use their key to access a “mantrap” before proceeding through another door to the employee area. This section of the store contains a bathroom and the safe room, and the only exit is to proceed back through the mantrap.

Case Details

The defendant was a store manager at the bank and was working alone for five and a half hours prior to closing. An hour before leaving the store, she received a phone call from a former district manager (former manager), who had been fired following a previous unsolved robbery at the bank years earlier.

The defendant counted the money in the safe, after which she closed down the store and set the alarm. Approximately thirty minutes later, motion sensors and alarms were rapidly triggered in reverse order from the safe room to the front door. The bank owners called the defendant, who was in the vicinity of the bank, and asked her to allow police into the building. When police arrived, they found no evidence of forced entry, but the money was gone and the defendant did not look or act surprised.

Telephone records revealed that the phone call received by the defendant prior to closing the bank was made from a cell phone in New Britain. She received two more calls from numbers belonging to the former manager: the first from a landline in Manhattan only minutes after the incident; the second twenty minutes thereafter once again from the cell phone, this time placed from the New Haven area.

Arrest Details

The defendant was subsequently arrested for accessory to larceny in the first degree, conspiracy to commit larceny in the first degree, and accessory to burglary in the third degree, in violation of General Statutes §§ 53a-8, 53a-122(a)(2), 53a-48, and 53a-103. The State’s theory of the case was that the defendant knowingly permitted someone to stay behind in the employee area prior to her departure. The defendant argued that one of the employees working earlier that day “could have let someone into the bathroom unbeknownst to [her].” The prosecutor countered that this was unreasonable:

“The idea of somebody sitting in this bathroom for five and one-half hours, waiting for business to close, is as ludicrous as saying that they were beamed there by Martians.”

The defendant was convicted on all counts and appealed, arguing that the State presented insufficient evidence identifying her as a participant, and therefore the jury convicted her “on the basis of mere speculation.”

Jury Details

When a jury considers the facts presented in a case, they are permitted to make reasonable and rational inferences stemming from those facts. “When we infer, we derive a conclusion from proven facts because such considerations as experience, or history, or science have demonstrated that there is a likely correlation between those facts and the conclusion.”

The more strained the correlation, the less reasonable the inference will be. In this case, the Appellate Court admitted that the evidence presented was scant, but still sufficient to support the convictions. The jury could reasonably infer that the defendant was knowingly involved in the scheme to steal the money from the bank, permitting someone to remain behind after she set the alarm and left for the night. Therefore, the Appellate Court affirmed the judgment.

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny, burglary, conspiracy, or accessory, 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.

Trial Court Did Not Err in Rejecting Irrelevant Evidence; Appellate Court Upholds Conviction

Appellate Court of Connecticut

In a criminal law matter involving irrelevant evidence, the Appellate Court of Connecticut affirmed a defendant’s convictions following a traffic stop that revealed reckless driving.

Case Details

This case arose from an incident that occurred on March 14, 2006. Bethel police initiated a traffic stop to investigate the defendant’s dump truck and trailer for properly displayed plates. The plates were present but obscured, and officers immediately noticed a wire hanging from the rear of the trailer. Upon further inspection of the trailer, officers determined that the wire was disconnected, from the trailer’s independent braking system.

Furthermore, it did not appear to be connected to the dump truck or “any other source that could have provided power to the trailer’s brakes.” Officers requested that the defendant demonstrate whether or not the trailer’s brakes operated, but the defendant refused to comply. Officers cited the defendant for reckless driving, driving with obscured license plates, and failing to carry a valid insurance card. Upon the arrival of a tow truck, the defendant relinquished his keys and stated to the tow-truck driver, “There’s still no brakes [on the trailer] with you towing it.”

The Defendant’s Motion

The defendant submitted a motion seeking to introduce Connecticut statutes and agency regulations as evidence that the officers lacked authority to inspect his trailer’s brakes. He also proffered evidence that “demonstrated a sense of bias against the defendant among [other] officers that had filtered throughout the Bethel police department and affected the credibility of the officers who were at the scene and who testified during the state’s case-in-chief.” The trial court denied the motion, saying the evidence was irrelevant. Subsequently, the defendant was convicted of the three cited charges as well as interfering with an officer. He appealed, arguing that the trial court abused its discretion in denying his motion.

Connecticut Police Officers

In Connecticut, police officers have the duty to enforce our laws and preserve the peace. “If [an officer] is acting under a good faith belief that he is carrying out that duty, and if his actions are reasonably designed to that end, he is acting in the performance of his duties.” Quite notably, such duties are not merely restricted to the arrest function. In this case, the Appellate Court reviewed the statutes and regulations offered by the defendant but was not persuaded that the officers did not have authority to inspect the brakes on his trailer. Therefore, it concluded that preclusion of this evidence was not an abuse of discretion by the trial court.

Importance of Evidence 

Evidence is relevant if it makes the existence of a material fact more or less probable, so long as it is neither unduly prejudicial nor cumulative. However, it is the duty of the proffering party to establish relevance with a proper foundation. In the context of impeachment evidence, this may be accomplished in one of three ways: an offer of proof, independent establishment by the record itself, or statement of good faith believe that the inquiry is justified by an adequate factual basis.

In this case, the defendant failed to provide any connection between evidence of bias and the lack of credibility of the officers involved in this case. Rather, his claims were purely speculative, and “[i]t is entirely proper for a court to deny a request to present certain testimony that will further nothing more than a fishing expedition… or result in a wild goose chase.” Therefore, the judgments were affirmed.

Written by Lindsay E. Raber, Esq.

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.

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.

State Presented Sufficient Evidence that Defendant “Intended to Convert the Property to His Use Without Paying For It”

In a criminal law matter, the Appellate Court of Connecticut affirmed the defendant’s conviction for sixth degree larceny, as he had the requisite intent to commit the crime.

This case arose from an incident that occurred on May 5, 2005. The defendant purchased a foam poster board from Staples in Fairfield, but as he was exiting the main store into the foyer, he was not carrying it. Instead, he was observed scooting a box with an item he did not pay for along the floor beneath the theft detection sensors located adjacent to the exit doors. The defendant scooped it up and proceeded outside, with store employees in pursuit. When one yelled at him to “drop the box,” the defendant placed it on a nearby dolly and quickly left the area. Inside the box was “a Uniden telephone, in its original packaging, that was offered for sale” at the store.

Another Staples customer observed the defendant getting into a vehicle and driving off. She informed the store manager, who wrote down the license plate and called police. Officers identified the owner as the defendant’s girlfriend and proceeded to her residence, where they located the car (which had signs of recent use) but not the defendant. Soon thereafter, the defendant turned himself in and provided police with a signed written statement in which he accepted responsibility for his actions.

The defendant was charged with larceny in the sixth degree by shoplifting, and for being a persistent larceny offender. At trial, the defendant testified that he came across the box inside the store and immediately returned it to a sales associate. He denied leaving the store with the box or having knowledge of its contents, and stated he never intended to leave the store without paying for it. The sales associate and store manager provided a much different version of the events. The jury returned a guilty verdict on the larceny count, and the defendant pled guilty to the second, resulting in three years’ incarceration. On appeal, the defendant contended that the State provided insufficient evidence that he had the requisite intent to commit larceny.

Under Connecticut General Statute (CGS) § 53a-119, “[a] person commits larceny when, with the intent to [permanently] 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.” Larceny is considered a specific intent crime, so the State must provide direct or circumstantial evidence (most often the latter) that the defendant possessed a “subjective desire or knowledge that his actions constituted stealing” at the time of the crime.

In this case, the Appellate Court determined that the defendant confused sufficiency and credibility issues. He appeared to argue that all of the testimony was identical. However, this is an inaccurate reading of the trial court record, for there were vast discrepancies between the testimonies given by the defendant and State’s witnesses. It is the province of the jury to weigh the credibility of witness testimony and believe all of it, some of it, or none of it. Thus, the jury was within its right to credit the testimony of the State witnesses, and such testimony, along with the defendant’s written statement, provided sufficient evidence that the defendant intended to take the phone without paying for it.

Written by Lindsay E. Raber, Esq.

When faced with a charge of larceny, burglary, conspiracy, or attempt, 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.