State v. Brown

656 A.2d 997, 232 Conn. 431, 1995 Conn. LEXIS 82
CourtSupreme Court of Connecticut
DecidedMarch 28, 1995
Docket14883
StatusPublished
Cited by14 cases

This text of 656 A.2d 997 (State v. Brown) 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
State v. Brown, 656 A.2d 997, 232 Conn. 431, 1995 Conn. LEXIS 82 (Colo. 1995).

Opinion

Berdon, J.

The defendant, Lionel Brown, was convicted after a jury trial of, inter alia,1 attempted larceny in the third degree in violation of General Statutes §§ 53a-49 (a) and 53a-124 (a) (2),2 and forgery in the third degree in violation of General Statutes § 53a-140 (a).3 The defendant appealed to the Appel[434]*434late Court, which reversed his convictions on these two counts and remanded the case to the trial court with direction to render the following judgments: As to the forgery count, the Appellate Court ordered the trial court to render a judgment of acquittal. As to the attempted larceny count, the Appellate Court ordered the trial court to render a judgment of guilty on the lesser included offense of attempted larceny in the fourth degree in violation of General Statutes §§ 53a-49 (a) and 53a-125 (a),4 and to resentence the defendant accordingly. The Appellate Court also held that the trial court did not violate the defendant’s constitutional rights when it failed to investigate a report of jury misconduct. State v. Brown, 33 Conn. App. 339, 635 A. 2d 861 (1993).

The state and the defendant both petitioned this court for certification to appeal. We granted the state’s petition for certification to appeal whether the Appellate Court had incorrectly concluded that (1) there was insufficient evidence to support the defendant’s conviction on the forgery count, and (2) the dollar amounts that the defendant and his coconspirators attempted to steal could not be aggregated in order to support a conviction of attempted larceny in the third degree. We also granted the defendant’s petition for certification to appeal whether the Appellate Court should have ordered the trial court to conduct a hearing on the report of jury misconduct.5 We disagree with the state [435]*435on both of its certified issues, but agree with the defendant on his cross appeal.

The jury could reasonably have found the following facts. On May 8,1991, at approximately 2:45 p.m., the defendant entered the Gateway Bank in Wilton. He identified himself to a bank teller as Clifford Sailer and attempted to make a split deposit6 involving two checks. Both checks were made payable to and endorsed by “Clifford Sailer.” The first check, which the defendant sought to deposit, was drawn on the account of Beth Anne Onderko in the amount of $728.90. The second check, which the defendant sought to cash, was drawn on the account of St. Pauls Inn of North Carolina in the amount of $960.

The teller, who was acquainted with the real Clifford Sailer, was suspicious of the defendant. She asked him for identification, but he could not produce any. The teller refused to complete the transactions, and the defendant left the bank, taking the checks with him. The teller then notified the bank manager of the incident.

A few moments later, a man identifying himself as Robert Black entered the bank and attempted to make a split deposit involving three checks, all of which were made payable to and endorsed by “Robert Black.” The man sought to deposit the first two checks, which were in the amounts of $776.10 and $78. He wanted to cash [436]*436the third check in the amount of $880. When he could not produce any identification as requested, the bank manager refused to complete the transactions and the man left the bank. The bank manager then watched him as he joined the defendant and a woman in a waiting car. The bank manager noted the license plate number and called the Wilton police.

Shortly thereafter, a Wilton police officer stopped the car and arrested the three occupants. The woman, who was driving, carried identification in several names, along with $600 in cash. The man who previously had identified himself as Black carried $453. The defendant possessed a valid identification, $32, a deposit slip with Sailer’s address written on it, a paper on which another name and address were written, and two checks totaling $1192 payable to Barbara Matison.

The police also seized a manila envelope from the car. Among the items in the envelope were various bank papers, checks, checkbooks, torn signature cards, customer receipts and change of name forms.

I

We first consider the state’s claim that the Appellate Court improperly concluded that there was insufficient evidence to support the defendant’s conviction on the forgery count.

“[W]e have consistently employed a two-part analysis in appellate.review of the sufficiency of the evidence to sustain a criminal conviction. State v. Salz, 226 Conn. 20, 31, 627 A.2d 862 (1993). First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. Id. That the evidence is cir[437]*437cumstantial rather than direct does not diminish the probative force of that evidence. State v. Carpenter, 214 Conn. 77, 79, 570 A.2d 203 (1990), on appeal after remand, 220 Conn. 169, 595 A.2d 881 (1991), cert. denied, 502 U.S. 1034, 112 S. Ct. 877, 116 L. Ed. 2d 781 (1992).” (Internal quotation marks omitted.) State v. DePastino, 228 Conn. 552, 570, 638 A.2d 578 (1994). We must be mindful, however, that “[although the jury may draw reasonable, logical inferences from the facts proven, [it] may not resort to speculation and conjecture. State v. Saracino, 178 Conn. 416, 419, 423 A.2d 102 (1979). Each essential element of the crime must be proved beyond a reasonable doubt. In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970).” (Internal quotation marks omitted.) State v. King, 216 Conn. 585, 601, 583 A.2d 896 (1990), on appeal after remand, 218 Conn. 747, 591 A.2d 813 (1991).

In order to prove forgery in the third degree, the state was required to establish beyond a reasonable doubt that the defendant, while possessing an intent to defraud, deceive or injure another, had falsely made, completed or altered a written instrument, or had issued or possessed any written instrument which he knew to be forged. General Statutes § 53a-140; see footnote 3. As the Appellate Court noted, however, “the only evidence produced concerning the forgery of the checks was (1) the manila envelope and its contents, (2) the defendant’s conduct, and (3) the bank teller’s statement that the endorsements on the checks looked like [Sailer’s] signature. There was no evidence that the endorsements were not that of [Sailer].” State v. Brown, supra, 33 Conn. App. 349. The Appellate Court, therefore, reversed the defendant’s conviction on the forgery count. Id., 350.

The state argues that the Appellate Court improperly focused “exclusively on the authenticity of the [438]*438endorsement signature” and disregarded the other methods by which the state could have proved that the defendant had committed forgery.

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Bluebook (online)
656 A.2d 997, 232 Conn. 431, 1995 Conn. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-conn-1995.