In re Luis R.

528 A.2d 1146, 204 Conn. 630, 1987 Conn. LEXIS 945
CourtSupreme Court of Connecticut
DecidedAugust 4, 1987
Docket13009
StatusPublished
Cited by22 cases

This text of 528 A.2d 1146 (In re Luis R.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Luis R., 528 A.2d 1146, 204 Conn. 630, 1987 Conn. LEXIS 945 (Colo. 1987).

Opinion

Santaniello, J.

This is an appeal by the state from an order of the trial court barring the respondent, who was adjudicated a delinquent for aiding another in committing a serious juvenile offense, from himself being charged as a serious juvenile offender.

The factual and procedural posture of this case is as follows: On November 25,1985, a fifteen year old boy was robbed at knifepoint of a radio that he was carrying. The respondent, a minor, admitted in court that he had intentionally aided another person in the commission of the robbery. On April 25,1986, the respondent was adjudicated a delinquent child for being an accessory to a robbery in the second degree in violation of General Statutes §§ 53a-135 and 53a-8. The respondent filed a motion on May 19,1986, seeking an order of the court barring his adjudication as a “serious juvenile offender” as defined in General Statutes § 46b-120.1 [632]*632On July 1,1986, the court granted the motion and the respondent was sentenced and committed to the department of children and youth services (DCYS) for placement at the Long Lane School as a delinquent child for a maximum period not to exceed two years. This appeal was filed by the state in the Appellate Court on July 18, 1986, and on August 12, 1986, this court transferred the appeal to itself.

Initially, both parties to this action concede that there are distinct and substantial differences between being adjudicated a “delinquent” as compared to being adjudicated a “serious juvenile offender.” The consequences [633]*633of the more serious designation are delineated in General Statutes §§ 46b-141,2 46b-140,3 46b-126,4 and [634]*63446b-140 (e) (2).5 Therefore, in view of the substantial differences of the potential penalties, the state is pursuing this appeal.

The state in its appeal, claims that the defendant should have been charged and prosecuted as a “serious juvenile offender” because the respondent had intentionally aided another who had committed a “serious juvenile offense,” as defined in General Statutes § 46b-120. It claims that under the mandate of General Statutes § 53a-8,6 the respondent should be “criminally liable for such conduct” and should be prosecuted and punished “as if he were the principal offender.”

The respondent, to the contrary, contends that since General Statutes § 46b-120 specifies the offenses that constitute “serious juvenile offenses” without mentioning “aiding and abetting” as defined by § 53a-8, the respondent cannot be charged as a “serious juvenile [635]*635offender.” He further claims that since statutes defining juvenile delinquency, such as § 46b-120, set standards governing the deprivation of a child’s liberty, they are penal in nature and thus are to be strictly construed. State v. Cook, 183 Conn. 520, 522, 441 A.2d 41 (1981); State v. Tedesco, 175 Conn. 279, 291, 397 A.2d 1352 (1978).

Although the state concedes that § 46b-120 is penal in nature, and, as such, must be strictly construed, it argues that the entire scheme of the statutes must be considered as a whole, and that one who aids another in the commission of a “serious juvenile offense” may be adjudicated a “serious juvenile offender.” Strict construction does not mean that a statute must be read in isolation. “ Tn construing a statute, common sense must be used, and courts will assume that the legislature intended to accomplish a reasonable and rational result.’ ” State v. Roque, 190 Conn. 143, 151, 460 A.2d 26 (1983), citing Stoni v. Wasicki, 179 Conn. 372, 376-77, 426 A.2d 774 (1979). “ ‘The rule of strict construction does not require that the narrowest technical meaning be given to the words employed in a criminal statute in disregard of their context and in frustration of the obvious legislative intent.’ ” State v. Faro, 118 Conn. 267, 274, 171 A. 660 (1934), quoting United States v. Corbett, 215 U.S. 233, 242, 30 S. Ct. 81, 54 L. Ed. 173 (1909); State v. Ellis, 197 Conn. 436, 445, 497 A.2d 974 (1985); cf. Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 489, 400 A.2d 726 (1978); Evening Sentinel v. National Organization for Women, 168 Conn. 26, 31, 357 A.2d 498 (1975).

The state claims that the respondent should be charged as a serious juvenile offender because he was an accessory to robbery. Being an accessory is not a crime in and of itself, but is only another way of committing a crime. General Statutes § 53a-8 provides in relevant part that “[a] person, acting with the mental state [636]*636required for the commission of an offense, who . . . intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable for such conduct . . . as if he were the principal offender.” Here, the respondent admitted in court that he had intentionally aided another person in the commission of the crime of robbery in the second degree. That crime is listed as one of the “serious juvenile offense[s]” that may, under § 46b-120, result in classification of a juvenile as a “serious juvenile offender.” Despite the omission of accessory status under § 53a-8 in the litany of crimes listed in § 46b-120, a list that specifically includes reference to “attempt” under General Statutes § 53a-49 and “conspiracy” under General Statutes § 53a-48, the state maintains that our penal code, read as a whole, does not exclude an accessory from being charged as a “serious juvenile offender.” We find the respondent’s argument that he cannot be adjudicated as a “serious juvenile offender” because § 46b-120 sets forth attempt and conspiracy as “serious juvenile offense[s]” while it fails to set forth accessorial liability as such an offense to be without merit.

We have recently addressed the differences between the crimes of attempt and conspiracy, and accessorial liability. State v. Foster, 202 Conn. 520, 522 A.2d 277 (1987). In State v. Foster, supra, 527-28, we stated that “[ajttempt and conspiratorial liability differ substantially from the liablity imposed on an accessory. . . . [B]oth attempt and conspiracy are offenses in and of themselves, while accessorial liability is not.7 Attempt is a distinct, inchoate offense and a defendant may be punished for attempting to commit a substantive [637]*637offense without actually committing the crime. General Statutes §§ 53a-49, 53a-51; see State v. Trent, 182 Conn. 595, 600, 438 A.2d 796 (1981).

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Bluebook (online)
528 A.2d 1146, 204 Conn. 630, 1987 Conn. LEXIS 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-luis-r-conn-1987.