Posts tagged with "larceny"

Felony Murder Conviction Affirmed in Light of Confession and Extrinsic Evidence

Leave a reply

In a criminal law matter, the Appellate Court of Connecticut affirmed a defendant’s conviction following the strangulation murder of a woman, despite the defendant’s argument that his conviction violated the rule of corpus delicti, because the defendant’s confession was sufficiently corroborated by evidence that a crime actually occurred.

Case Background

This case arose from an incident that occurred on January 2, 1998 in Hartford, CT. The defendant called an escort service to set up an arrangement before leaving his home in search of narcotics. He was stabbed multiple times following a failed robbery attempt, after which Good Samaritans treated his wounds and drove him home. The escort (the victim) arrived at the defendant’s residence and called her boss from inside, stating she was going to leave. When she stated her intention to the defendant, he blocked the entrance and a lengthy physical struggle ensued, during which he suffocated the victim.

The defendant transported the victim’s body in her own car to Suffield, where he disposed of it in a wooded area. Upon returning to Hartford, he traded the car to two drug dealers for $50 worth of cocaine and then saw various family members for treatment of his injuries and to request that his apartment be cleaned out. Afterwards, the defendant fled to Massachusetts.

A missing person’s report was filed by the victim’s daughters, and telephone records directed investigators to the victim’s boss, who told them the victim was with the defendant on the night she disappeared. Officers then went to the defendant’s apartment, where the front door was open, bloodstains were on multiple pieces of furniture, and a gold hoop earring similar to one owned by the victim was located underneath the bed.

Conviction based on Confessions

The defendant was tracked down in Massachusetts, where he was in prison for other offenses. On three occasions, he confessed to strangulating the victim and disposing of her body. He twice showed police to the wooded area in Suffield, and skeletal remains were recovered. The remains were identified as belonging to the victim, and a medical examiner cited “homicidal violence” as the cause of death. In addition, the medical examiner found that “the remains recovered were consistent with someone who had been killed by strangulation.”

The defendant was subsequently convicted of manslaughter in the first degree, felony murder, kidnapping in the first degree, and larceny in the third degree. On appeal, he challenged the sufficiency of the evidence to convict, in part [uniquely] because the state “failed to present substantial independent evidence that indicated that his confessions were true.” As such, the State’s case “based solely on his uncorroborated confessions… failed to comply with the rule of corpus delicti.”

Compliance with Corpus Delicti

Under the rule of corpus delicti, out-of-court confessions cannot be the sole basis for a conviction. Instead, the confession must be corroborated by proof that a crime in fact had occurred. However, many jurisdictions, including Connecticut, have moved away from this doctrine and adopted the trustworthiness doctrine. Direct corpus delicti proof is not required if there is “substantial independent evidence which would tend to establish the trustworthiness of the [defendant’s] statement.”

In this case, the Appellate Court found that there was sufficient independent evidence which established the trustworthiness of the defendant’s confessions. He led police to where the victim’s skeletal remains were located, and the medical examiner concluded death was not natural but the result of homicidal violence consistent with strangulation.

Additional support came from the discovery of the victim’s earring, as well as the boss’s testimony and telephone records. All of this taken together established that a crime did take place, and that the defendant was the perpetrator. Therefore, this aspect of the defendant’s insufficiency of the evidence claim failed, and after addressing additional matters on appeal, the judgment was affirmed.

Written by Lindsay E. Raber, Esq.

–

When faced with a charge of a homicide crime, kidnapping, or 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.

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

Leave a reply

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.

Written by Lindsay E. Raber, Esq.

–

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

Leave a reply

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.

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.

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

Leave a reply

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.

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.

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

Leave a reply

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.

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.

Defendant Properly Convicted of Accessory to Criminal Impersonation Where She Asked Friend to Assume Her Identity at Court

Leave a reply

In a criminal law matter, the Appellate Court of Connecticut upheld a defendant’s conviction for accessory to criminal impersonation, citing sufficient evidence for all of the essential elements.

The Case

This case arose from an incident that occurred on September 4, 2003. The defendant was caught attempting to steal a telephone and its components from Costco in Brookfield, and provided a false name upon her arrest. She was a bail bondsperson at Danbury courthouse and wished to conceal the arrest from her coworkers, so she enlisted the aid of a close friend to meet with defense counsel in her stead. The defendant arranged a meeting and provided the friend the misdemeanor summons as well as $300 to retain the attorney.

The Charges

At the meeting with defense counsel, the friend identified herself as the defendant using the false name. She stated she was arrested for shoplifting, and provided her upcoming court date. Defense counsel filed an appearance in court and the case was continued, but while meeting with an assistant state’s attorney, defense counsel discovered the true identities of the defendant and her friend. Subsequently, the defendant was arrested for, charged with, and convicted of numerous crimes, including accessory to criminal impersonation. On appeal, the defendant argued, in part, that the friend providing defense counsel a false name “was insufficient evidence that she was impersonating a real person.”

Under Connecticut General Statutes § 53a-130(a), a person commits criminal impersonation if he or she “impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another.” Accessory to this crime requires that the State show that the defendant, acting under the above requisite intent, “solicited, requested, commanded, importuned, or intentionally aided another person… to engage in criminal impersonation.”

The Court’s Decision

In this case, the Appellate Court agreed that there would be insufficient evidence of criminal impersonation if the friend only provided defense counsel with a false name. However, the friend went further than this: she provided information to defense counsel “such that she specifically identified herself as the defendant in this case, at the defendant’s request.” The friend was impersonating the defendant, a real person, and use of a false name was immaterial under the relevant statute.

The defendant additionally argued that she did not have the requisite intent to defraud, but the Appellate Court disagreed. The relevant intent may be to secure a benefit, or to injure or defraud another person – any one of these three aims satisfies the statute. In this case, the defendant would have intended to benefit by concealing the arrest from her coworkers, and the possibility of avoiding prosecution altogether. Therefore, with respect to this aspect of the defendant’s appeal, the Court affirmed 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.

Testimony Deemed Proof of Market Value of Shoplifted Goods Where Defense Counsel Failed to Object to Its Admission

Leave a reply

In a criminal law matter, the Appellate Court of Connecticut rejected a defendant’s insufficiency of the evidence claims regarding the value of shoplifted goods and the element of “taking” under Connecticut’s larceny laws. Court deems testimony to be sufficient evidence.

The Case

This case arose from an incident that occurred on January 30, 2007. Stratford police responded to a shoplifting in progress at a local Wal-Mart. At the store’s loss prevention office, the officers observed live camera footage of the defendant and her accomplices attempting to hide DVDs, first in a clear plastic tote, then within a suitcase.

The defendant stayed inside the store as the accomplices pushed a cart with the suitcase to a store exit and left it there as they proceeded outside, where they were arrested. The defendant then moved to the cart and pushed it slightly, but was detained before actually leaving the store. Pursuant to police department procedure in shoplifting cases, the officers asked a store employee to scan the DVDs and provide a receipt as if they were purchased. There were 101 DVDs with an aggregate value of $1,822.72.

Charges Made Against the Defendant

The defendant was charged with larceny in the third degree and conspiracy to commit larceny in the third degree. At trial, an officer testified as to how the value of the DVDs was calculated, but could not remember the exact amount. After being shown a copy of his report to refresh his recollection, the officer testified that the total amount was $1,822.72. Defense counsel did not object to the line of questioning or the testimony on the grounds of hearsay or competency. No other evidence regarding the value of the DVDs was provided, such as the receipt or the DVDs themselves.

The defendant was convicted on both counts and sentenced to three years of incarceration. On appeal, she first argued that the officer’s testimony was incompetent evidence that the value of the DVDs exceeded $1,000. He did not have an independent knowledge of their value and was merely reciting a value from a document not entered into evidence. Even if such testimony was competent, the use of the store’s price tags was an inadequate measure of market value. Rather, according to the defendant, evidence of actual sales was necessary.

Sufficiency of Evidence

The Appellate court found that the officer’s testimony was sufficient proof because defense counsel did not object to its admission. “If [inadmissible] evidence is received without objection, it becomes part of the evidence in the case, and is usable as proof to the extent of the rational persuasive power it may have.” The Court noted that “market value” and “selling price” (a.k.a. price tags) are synonymous terms, and that “any evidence which reasonably tends to show the present value of the stolen goods may be admitted.”

The defendant next argued that there was insufficient evidence of a taking, as she was still inside the store and had not brought any DVDs outside at the time she was detained. In Connecticut, larceny consists of “(1) the wrongful taking or carrying away of the personal property of another; (2) the existence of a felonious intent in the taker to deprive the owner of [the property] permanently; and (3) the lack of consent of the owner.” To constitute a criminal taking, what is necessary is the “implicit transfer of possession or control,” not whether the item itself was removed from the owner’s premises. To constitute larceny in the third degree, the value of the property must exceed $1,000.

Conclusion

In this case, the Appellate Court was once more not persuaded that there was insufficient evidence. The actions taken by the defendant and accomplices “in concealing the DVDs and moving them to an area where they quickly could be removed from the store” was sufficient evidence to establish the essential taking element of larceny.

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.

In Case Where Employee Abused Her Position to Embezzle Substantial Funds, Modification of Sentence Was Denied

Leave a reply

In a criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut affirmed the sentence of a petitioner who abused her position and embezzled funds from her employer.

Case Background

In this case, the petitioner had a criminal history involving embezzlement, larceny, forgery, and substance abuse. Despite knowledge of this past, the director of a non-profit organization hired the petitioner as its bookkeeper and office manager to give her a chance at an honest living. In this position, the petitioner had “unfettered access” to financial accounts belonging to the organization and director.

Subsequently, various employees at the organization complained they were not being timely paid, and the director discovered not just an IRS tax lien on the organization’s assets, but a $20,000 unauthorized withdrawal from her personal account. Police investigated these financial irregularities and questioned the petitioner, and found that she had stolen at least $134,000.

Trial and Outcome

At trial for larceny in the first degree, the defendant entered into a guilty plea. She asked that her sentence be fully suspended and she be allowed to participate in an alternative to incarceration plan, but the court instead imposed twelve years of incarceration. The petitioner sought downward modification, arguing that her sentence was inappropriate and disproportionate compared to those who committed similar crimes. She asserted that she “cooperated with the police investigation, [was] contrite, willing to make restitution and was employed at the time of sentencing.”

The State opposed modification due to the defendant’s history of committing similar crimes. It noted how the defendant embezzled funds from a former employer, for which she received a five-year suspended sentence, and then violated her probation. The organization’s director also objected, stating that the sentence was proper because the petitioner “abused her position of trust, is unrepentant, and has caused a great deal of suffering.”

The Division declined to reduce the sentence, finding that under applicable statutes, it was neither inappropriate nor disproportionate. Indeed, the twelve-year sentence was within the parameters of the guilty plea, and the Division agreed with the trial court that “[i]t would stand justice on its head if I were to give you another suspended sentence after you already had one.”

–

When faced with a charge of 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.

Written by Lindsay E. Raber, Esq.

Double Jeopardy Not Implicated in Case Where Man Purposefully Burned Down His Home to Collect Nearly $400,000 in Insurance Payments

Leave a reply

In a criminal law matter, the Appellate Court of Connecticut determined that conviction for first-degree larceny and insurance fraud did not violate double jeopardy protections, or that the latter charge was a lesser-included offense of the former.

Case Background

This case arose from an incident that occurred on December 15, 2002. Police responded to a fire at the defendant’s home, where investigators concluded that the fire appeared “accidental in nature,” though its origin was unknown. The defendant collected over $386,000 under his insurance policies for structural damage, debris removal, loss of personal property, and living expenses.

One year later, the home in which the defendant’s daughter lived was burglarized. Her laptop, which the defendant previously stole from his employer, was among the items taken. Police later recovered the laptop and called the daughter; when she came to collect it, police explained that the defendant claimed it was stolen.

In turn, the daughter revealed that the defendant purposefully burned down their house on the night of December 15, 2005. In a sworn statement, she explained that the defendant was having financial issues and told her of his plan, asking that she help him transport items to a rental storage unit. After the fire, the defendant “was laughing at the fire investigators calling them ‘stupid… because he thought he got away with [setting the fire].”

Police reopened the investigation and obtained a search warrant for the defendant’s newly built house, where they found many items listed in the insurance claims as lost to the fire. The defendant was charged and convicted for arson in the first degree, larceny in the first degree, insurance fraud, and conspiracy. The defendant appealed, arguing, in part, that his conviction for both first-degree larceny and insurance fraud violated double jeopardy.

Two Charges for the Same Offence Constitute Double Jeopardy

Under the Fifth Amendment to the U.S. Constitution, a criminal defendant cannot receive two punishments for two crimes, which he asserts to be a single crime, arising from the same act and prosecuted in a single trial. To be entitled to this double jeopardy protection, a criminal defendant must show that the charges arise from the same transaction or occurrence and that the charged crimes are, in fact, the same offense. If, however, the court determines that each charge requires proof of an element that the other does not, double jeopardy is typically not implicated.

In this case, the Appellate Court determined that larceny in the first degree and insurance fraud each possess unique essential elements. The former does not “require any proof as to the method or manner of obtaining the currency,” while the latter did not have a requisite dollar amount for the value of the property taken. The defendant countered that because insurance fraud is a lesser-included offense to larceny in the first degree, his constitutional rights were violated.

Two Charges for a Lesser-Included and Greater Offense Constitute Double Jeopardy

Even where two charges have unique elements, double jeopardy may nonetheless be implicated if the two charges are a lesser-included and greater offense. A lesser-included offense is one that must first be completed to make it possible to commit the greater offense. As an example, assault is a lesser-included offense to robbery, because every robbery includes the commission of an assault. If, however, the lesser offense need not be committed, it is not an included offense.

In this case, the Appellate Court determined that insurance fraud was not a lesser included offense because the commission of larceny did not require the presentation of false, incomplete, or misleading statements in support of a fraudulent claim. Therefore, with this respect to the appeal, the Court affirmed judgment.

Written by Lindsay E. Raber, Esq.

When faced with a charge of arson, fraud, or 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.

Guilty Plea Found Invalid Where Defendant Was Left in Dark Regarding What Constitutes a Larceny and Robbery

Leave a reply

In a criminal law matter, the Appellate Court of Connecticut reversed and remanded a case where the defendant did not knowingly and voluntarily enter into a plea agreement.

Case Background

This case arose from an incident that occurred on August 20, 2004. A man robbed a bank at knifepoint, securing $15,000 in cash, before escaping in a vehicle driven by the defendant. Police soon located the duo along with the stolen money. The defendant was charged with conspiracy to commit robbery in the first degree and larceny in the first degree in violation of General Statutes §§ 53a-48, 53a-134(a)(2), and 53a-122.

Guilty Plea Made Unknowingly

On February 21, 2006, the defendant sought to enter a guilty plea to these charges. During a plea canvass conducted by the judge, the defendant stated that her defense attorney did not discuss the nature and elements of the charges she faced: “No, I don’t think I heard about what the state had to prove.” The defense attorney did not refute this contention, and the court did not seek from the defendant’s attorney “any assurance that he had, in fact, explained to the defendant the elements of the crimes to which she was pleading guilty.”

Though the court adequately read to the defendant the elements of conspiracy, it failed to properly set out the elements of both larceny and robbery. Nonetheless, the court accepted the defendant’s guilty plea and sentenced her to twelve years of incarceration, suspended after seven years, with five years of probation. The defendant appealed, arguing that she did not knowingly and voluntarily enter into her plea agreement.

When a defendant decides to plead guilty, he or she waives numerous constitutional rights, such as the right to a trial by jury. Therefore, a critical due process requirement is that a guilty plea must be made knowingly and voluntarily, which includes apprising the defendant not just of the rights being waived but also the essential criminal elements of the charges faced. Defense counsel is “generally presumed to have informed the defendant of the charges against him,” though this presumption may be overcome if the record shows that counsel failed to so inform. Should this presumption not apply, proper waiver may still be established if the court itself explained all of the elements.

Court’s Ruling

In this case, the Appellate Court found that the record showed “some positive suggestion that the defendant’s attorney had not informed the defendant of the elements of the crimes to which she was pleading guilty.” It noted that during the canvass, the defendant said she did not know what the State had to prove, and her counsel did not counter this statement. As such, the presumption was not applicable.

The Appellate Court further held that the trial court failed to apprise the defendant of the essential elements of larceny and robbery. Though the court did read to the defendant what first-degree larceny and first-degree robbery encompassed, but failed to explain what acts constituted a robbery or larceny under Connecticut law. Therefore, the case was reversed and remanded with directions to the lower court to withdraw the guilty pleas.

Written by Lindsay E. Raber, Esq.

–

When faced with a charge of conspiracy, larceny, or robbery, 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.