State v. Baldwin

509 A.2d 76, 7 Conn. App. 477, 1986 Conn. App. LEXIS 984
CourtConnecticut Appellate Court
DecidedMay 20, 1986
Docket3881
StatusPublished
Cited by4 cases

This text of 509 A.2d 76 (State v. Baldwin) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baldwin, 509 A.2d 76, 7 Conn. App. 477, 1986 Conn. App. LEXIS 984 (Colo. Ct. App. 1986).

Opinion

Spallone, J.

The defendant is appealing from the judgment rendered after his conviction by a jury of the crime of possession of cocaine, General Statutes (Rev. [478]*478to 1981) § 19-481 (a), possession of marihuana, General Statutes (Rev. to 1981) § 19-481 (c), and possession of drug paraphernalia, General Statutes (Rev. to 1981) § 19-480 (c).1

The defendant claims that the trial court erred (1) in denying his motions for judgment of acquittal and to set aside the verdict, since the state failed to produce sufficient evidence to establish guilt beyond a reasonable doubt, (2) in its instructions to the jury regarding the defendant's failure to testify, and (3) in its instructions to the jury on intent.

The jury could reasonably have found the following facts. Pour members of the Bridgeport police special services, a division assigned to investigate narcotics cases as well as those involving gambling, morals and liquor violations, executed a search, pursuant to a warrant, of apartment 703, 120 Huntington Turnpike, Bridgeport. The apartment consisted of a combination living-dining room, one bathroom, two bedrooms, a hallway and a kitchen. The object of the warrant was to search for and seize narcotics, narcotics paraphernalia and items used in the packaging and distribution of narcotics. At the time of the search, the tenants were not present. In one of the bedrooms, an officer found three plastic straws, cut at angles, containing a white powder residue and two manila envelopes containing a plant-like material which was field tested positive as marihuana. Also found in this bedroom were men’s shoes, shirts, dungarees, cologne, after shave lotion and belts.

Another officer found men’s apparel, a folded ten dollar bill, two folded one dollar bills and a film canister, all of which contained a white powder substance which [479]*479later proved to be cocaine, in the second bedroom. This bedroom contained clothing and pictures of the defendant.

A third officer found and seized numerous items used in the drug trade in the dining area and kitchen including plastic baggies with plant material, manila envelopes, glassine envelopes, a plastic spoon, a triple beam scale, mixing compound, pieces of granite, playing cards, small bottles, strainers, and two pairs of scissors. The plastic spoon, scales, playing cards, small bottles, strainers and the scissors all contained a white powder residue.

On the basis of the evidence seized, the officers applied for and obtained an arrest warrant for the defendant. The defendant was tried on a substitute information charging him with one count of possession with intent to sell cocaine, one count of possession with intent to sell marihuana and one count of possession of drug paraphernalia. He was convicted of the lesser included charges of possession of cocaine, possession of marihuana and the original charge of possession of drug paraphernalia.

The defendant’s first claim of error, that there was insufficient evidence to support his conviction, is based on his assertion that the state failed to prove, beyond a reasonable doubt, that the defendant was living in the apartment from which the items were seized at the time of the search, and that he was the possessor of those items. At the conclusion of the state’s case, the defendant moved for a judgment of acquittal and upon the acceptance of the verdict, the defendant moved to set aside the verdict. The court denied both motions. The underlying basis of both motions was the defendant’s allegation that the evidence produced by the state was insufficient to prove the charges beyond a reasonable doubt.

[480]*480If we assume that the defendant was chargeable with the possession of the items seized, there is no question that the drugs and drug paraphernalia found in the apartment were sufficient evidence to support the guilty verdict. The central question then is whether the defendant was living in the apartment where the items were seized, and was chargeable with the possession of the items. The evidence produced at the trial was contradictory in that there was testimony to sustain a conclusion that the defendant was or was not a resident, depending on whom the jury believed. There was also conflicting evidence as to whether the defendant or someone else was a possessor of the drugs and drug paraphernalia. The resolution of such conflicts in the evidence, whether testimonial or physical evidence is involved, is the classic function of the jury. It is within the province of the jury to determine the credibility and the effect to be given the testimony. State v. Grant, 177 Conn. 140, 142, 411 A.2d 917 (1979); Eagar v. Barron, 2 Conn. App. 468, 471, 480 A.2d 576 (1984).

Furthermore, “[i]n reviewing a sufficiency of the evidence claim, ‘ “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” ’ ” (Emphasis in original.) State v. Amarillo, 198 Conn. 285, 289, 503 A.2d 146 (1986), quoting State v. Scielzo, 190 Conn. 191, 197, 460 A.2d 951 (1983); State v. Morrill, 197 Conn. 507, 512, 498 A.2d 76 (1985). The issue to be determined is whether the jury could reasonably have concluded, upon the established facts and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt. State v. Findlay, 198 Conn. 328, 333, 502 A.2d 921 (1986); State v. Fernandez, 198 Conn. 1, 21, 501 A.2d 1195 (1985); State v. Tyler-Barcomb, 197 Conn. 666, 668, 500 A.2d [481]*4811324 (1985). The evidence must be given a construction most favorable to sustaining the jury’s verdict. State v. Fernandez, supra, 22. The verdict must stand unless it is against the evidence or its manifest injustice is so plain as to justify the belief that the jury or some of its members were influenced by ignorance, prejudice, corruption or partiality. Martino v. Palladino, 143 Conn. 547, 548, 123 A.2d 872 (1956); see Carfora v. Globe, Inc., 5 Conn. App. 526, 529, 500 A.2d 958 (1985). Under the circumstances presented here, we will not disturb the jury’s verdict.

The defendant’s claim that his motions for judgment of acquittal and to set aside the verdict should have been granted is baseless. In reviewing the court’s action on motions of this nature, because of the court’s familiarity with the facts, the ruling of the trial court is entitled to great weight. Hearl v. Waterbury YMCA, 187 Conn. 1, 3, 444 A.2d 211 (1982); see Holden & Daly, Connecticut Evidence (1983 Sup.) § 35.

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Related

State v. Darby
19 Conn. App. 445 (Connecticut Appellate Court, 1989)
State v. Vilalastra
521 A.2d 170 (Connecticut Appellate Court, 1987)
State v. Nicoletti
512 A.2d 235 (Connecticut Appellate Court, 1986)
State v. Baldwin
512 A.2d 231 (Supreme Court of Connecticut, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
509 A.2d 76, 7 Conn. App. 477, 1986 Conn. App. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baldwin-connappct-1986.