State v. Brown

72 A.3d 1271, 144 Conn. App. 547, 2013 WL 3804840, 2013 Conn. App. LEXIS 371
CourtConnecticut Appellate Court
DecidedJuly 30, 2013
DocketAC 33969
StatusPublished
Cited by1 cases

This text of 72 A.3d 1271 (State v. Brown) 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. Brown, 72 A.3d 1271, 144 Conn. App. 547, 2013 WL 3804840, 2013 Conn. App. LEXIS 371 (Colo. Ct. App. 2013).

Opinion

Opinion

SCHALLER, J.

The defendant, Thomas Andrew Brown, appeals from the judgment of conviction rendered after a trial to the court of attempt to commit sexual assault in the second degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-71 (a) (l).1 On appeal, the defendant claims that the evidence was insufficient to establish that he (1) possessed the requisite level of intent and (2) had taken a substantial step toward the commission of the crime. We affirm the judgment of the trial court.

[549]*549The following facts are relevant to our resolution of the present appeal. On April 30, 2009, Ron Blanchard, a detective in the Naugatuck Police Department, entered into an Internet chat room using the screen name “Samantha Millerl3.”2 On April 30, 2009, the defendant engaged Miller in an online conversation, lasting approximately forty-five minutes, using the screen name “Chevy c2d 1970. ”3 During the first conversation, the defendant initiated a friend invite, which prompted his screen name to change to “Tom Brown.” At the outset, the defendant stated that he was a twenty-one year old male and asked Miller her age and whether she was single. Miller responded that she was fourteen years old and did not have a boyfriend. Less than ten minutes into the conversation, after a very brief discussion regarding Miller’s general interests, the defendant inquired into Miller’s previous sexual encounters. The defendant specifically inquired as to whether Miller had touched her own genitals or engaged in cunnilingus. The defendant also stated to Miller that these sexual acts would be “more fun when a guy does it to [you].” Toward the end of the conversation, Miller told the defendant that she lived near Waterbury, and the defendant responded that he lived in Southington.

On the evening of April 30, 2009, the defendant initiated a second online conversation with Miller, which lasted approximately three hours. During this conversation the defendant again initiated a sexually suggestive conversation by inquiring as to what Miller was wearing, whether she was becoming aroused by the conversation and the size of her breasts. The defendant indicated that he would like to engage in cunnilingus with Miller [550]*550and asked, “would [you] let me lick it clean for [you]?” Miller responded affirmatively “that [would] be so nice.” The defendant continued the suggestive conversation, stating that he wished Miller were lying in his bed and asked whether Miller took some form of birth control or whether he would have to wear condoms. The defendant specifically stated that he did not like using condoms but that he would use them for Miller.4

Toward the end of this second conversation, the defendant expressed his desire to meet Miller and asked, “so when can [I] come kiss you?” The defendant suggested that he meet Miller on Tuesday, May 5, 2009, while Miller’s mother was not home. Miller stated that she would leave school at 2 p.m. and that her mother would not return home from work until 9 p.m. The defendant asked Miller whether they would be alone and what she wanted to do while they were together. The defendant affirmatively stated that he would be willing to do more than just kissing if Miller would like. At this point, the defendant suggested that Miller “get some sex toys” and offered to provide them to her.

[551]*551On the following days, May 1 and 2, 2009, the defendant sent Miller two messages each day while she was not online, attempting to initiate a conversation; Miller did not respond to any of these messages. On May 3, 2009, the defendant began his third online conversation with Miller. The defendant again mentioned meeting Miller on May 5, 2009, and began another sexually suggestive conversation by asking Miller what type of underwear she was wearing and if she would allow him to remove it. The defendant requested that Miller wear a particular color of thong underwear to their meeting and offered to bring her the sex toys, asking if she would use them while he was present. The defendant once more expressed his desire to perform cunnilingus on Miller stating, “I [know where you] want me [to] kiss [you] . . . down there.”

On May 4, 2009, while Miller was not online, the defendant sent Miller thirteen messages over the course of approximately two hours in an attempt to initiate another conversation. When Miller later responded to the defendant’s messages, the two confirmed that they would meet the following day, on May 5, 2009. The defendant and Miller agreed to meet at a shopping plaza in Naugatuck, located twenty-one miles from the defendant’s home, around 2 p.m. The defendant continued to express his desire to kiss Miller and suggested that they go to Miller’s home after they meet. The defendant once more requested that Miller wear a particular color of thong underwear and asked whether she would show it to him and if he could take it with him. The defendant also asked Miller if she would become aroused when he kissed her on her “hip right [below] the strap for [her] panties” and stated that he would “show [her] [tomorrow].” Toward the close of this conversation, the defendant stated “we [have to] behave lol (no we [don’t])” and then told Miller, “[just] no [sex though] [552]*552... [I] don’t [know] if [you’re] ready [for] that . . . [I’ll] give [you] anything [you] want besides that.”

On May 5, 2009, Blanchard saw the defendant’s vehicle parked behind the plaza where the defendant and Miller had agreed to meet. Blanchard approached the defendant’s vehicle and asked the defendant who he was and why he was parked in that location. The defendant responded that he was there to meet Miller, a fourteen year old female he had met on the Internet. Blanchard then arrested the defendant and, upon searching the trunk of the defendant’s car, found the sex toys the defendant had described in his conversations with Miller. After his arrest, the defendant gave a statement to the police admitting that he and Miller had inappropriate conversations, that he agreed to meet with Miller and that he would bring the sex toys to Miller at the meeting. The court found the defendant guilty of attempt to commit sexual assault in the second degree and imposed a total effective sentence of ten years, execution suspended after eighteen months, and ten years of probation.5 This appeal followed.

[553]*553On appeal, the defendant asserts that the record contains insufficient evidence to support the court’s conclusion that he possessed the intent required for conviction of attempt to commit sexual assault in the second degree and that he took a substantial step in furtherance of committing this crime. We are not persuaded.

We begin our analysis by setting forth the applicable standard of review. “In reviewing a sufficiency of the evidence claim, we apply a two-part test. First, we construe the evidence in the fight most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [trier of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. ... In evaluating evidence, the trier of fact is not required to accept as dispositive those inferences that are consistent with the defendant’s innocence. . . .

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Cite This Page — Counsel Stack

Bluebook (online)
72 A.3d 1271, 144 Conn. App. 547, 2013 WL 3804840, 2013 Conn. App. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-connappct-2013.