State v. Castillo

528 A.2d 860, 11 Conn. App. 621, 1987 Conn. App. LEXIS 1024
CourtConnecticut Appellate Court
DecidedJuly 28, 1987
Docket4722
StatusPublished
Cited by5 cases

This text of 528 A.2d 860 (State v. Castillo) 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. Castillo, 528 A.2d 860, 11 Conn. App. 621, 1987 Conn. App. LEXIS 1024 (Colo. Ct. App. 1987).

Opinion

Bieluch, J.

The defendant appeals from a judgment of conviction pursuant to the jury’s verdict of guilty on the following charges: two counts of accessory to assault in the first degree, a violation of General Statutes §§ 58a-8 and 53a-59 (a) (l);1 and one count of having a weapon in a motor vehicle, a violation of General Statutes § 29-38.2 He claims that the evidence presented at trial was insufficient to support the jury’s verdicts of guilty and that the court erred in its instructions to the jury, thereby shifting to the defendant the bur[623]*623den of proving beyond a reasonable doubt his version of the incident for which he was charged. We find error in part.

The jury could reasonably have found the following facts: On February 28, 1985, at approximately 1:20 p.m., Enrique Oquendo, as driver, and Iris Zavala, as passenger, were in Oquendo’s car which was stopped on Seyms Street in Hartford. Oquendo was talking to a person on the sidewalk when they noticed the defendant’s car come to an abrupt stop alongside of them. Jose Castillo, the defendant’s brother, emerged from the passenger side of the defendant’s car carrying a gun and approached the passenger side of Oquendo’s car. When he was approximately four feet from Zavala, he fired eight rounds into the car, seriously injuring both Oquendo and Zavala. Jose then returned to the defendant’s car and they sped away.

Upon learning that he was being sought by the authorities in connection with the shooting, the defendant turned himself in to the police. Upon his arrest, the defendant was charged with two counts of being an accessory to assault in the first degree (counts one and two), in violation of General Statutes §§ 53a-8 and 53a-59, and two counts of conspiracy to, commit assault in the first degree (counts three and four), in violation of General Statutes §§ 53a-48 and 53a-59. After his transfer to Part A of the Judicial District for trial, a fifth count was added charging him with having a weapon in a motor vehicle, in violation of General Statutes § 29-38. He pleaded not guilty to all five counts and was tried by a jury. At the close of the state’s case, the defendant moved for a judgment of acquittal, which was denied. The defendant then proceeded with the presentation of evidence in his defense. Thereafter, the jury found him not guilty on counts three and four, conspiracy to commit assault in the first degree, but guilty [624]*624on counts one and two, accessory to assault in the first degree, and on count five, having a weapon in a motor vehicle.

After the jury delivered its verdict, the defendant again moved for a judgment of acquittal on counts one, two and five. This motion was denied and the defendant was sentenced accordingly. The defendant then took this appeal.

The defendant’s first claim on appeal challenges the sufficiency of the evidence presented at trial to support the jury’s verdicts. Our standard for review of such a claim is well established. In reviewing the sufficiency of the evidence, we must determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Malines, 11 Conn. App. 425, 431, 527 A.2d 1229 (1987); State v. Stellato, 10 Conn. App. 447, 452, 523 A.2d 1345 (1987). In making such an evaluation, we view the evidence in a light most favorable to sustaining the jury’s verdict. State v. Simino, 200 Conn. 113, 116, 509 A.2d 1039 (1986).

As to count five of the information charging the defendant with a violation of General Statutes § 29-38, having a weapon in a vehicle, the defendant claims that there was no evidence that he had knowledge of the presence of the gun in his car, or that the gun met the statutory definition of a pistol. See General Statutes §§ 29-27 and 29-38. The state has expressly conceded at oral argument before this court that the evidence introduced relevant to this charge was insufficient to support the jury’s verdict and, consequently, that the court erred in denying the defendant’s motion for judgment of acquittal on that count. Accordingly, we will not review the evidence as to this count further. We direct the trial court to set aside the judgment of conviction as to the fifth count and render a judgment of not guilty on that charge.

[625]*625The defendant’s remaining challenge to the sufficiency of the evidence to sustain a conviction relates to the two counts of being an accessory to assault in the first degree. See General Statutes §§ 53a-8 and 53a-59.

General Statutes § 53a-59 (a), assault in the first degree* provides that “[a] person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument . . . .” See footnote 1, supra.

Section 53a-8 of the General Statutes provides that “[a] person, acting with the mental state required for commission of an offense, who solicits, requests, commands, importunes or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable for such conduct and may be prosecuted and punished as if he were the principal offender.” See footnote 1, supra. The essence of the defendant’s claim is that there was no evidence from which the jury could conclude that he intended to aid his brother in the commission of the first degree assault. The defendant concedes for the purpose of this appeal that the actions of the brother, Jose Castillo, constituted an assault in the first degree.

We find that the evidence presented at trial was sufficient to support the jury’s verdicts. While fraternal relationship is not proof of aiding and abetting, it is relevant that the defendant is the brother of Jose Castillo. There was testimony that the defendant, approximately one week before the shooting, approached Oquendo on behalf of his brother and asked him to drop criminal charges initiated by Oquendo against the brother. As to the events surrounding the shooting, there was testimony that the defendant drove [626]*626his. brother to the scene of the shooting and pulled alongside Oquendo’s car in an abrupt and threatening manner. There was also testimony that after the shooting, Jose Castillo returned to the defendant’s car and the defendant quickly drove away without ascertaining if anyone was injured and without notifying the police:

■ Intent is rarely proven by direct evidence, but is classically proven by circumstantial evidence and the inferences that can reasonably be drawn therefrom. See State v. Farrar, 7 Conn. App. 149, 155, 508 A.2d 49, cert. denied, 200 Conn. 805, 512 A.2d 229 (1986). From the aforementioned facts, the jury could reasonably have found beyond a reasonable doubt that the defendant was not an innocent bystander, but rather he intentionally aided his brother in committing the assaults in the first degree. See, e.g., State v. Tucker, 9 Conn. App. 161, 163-65, 517 A.2d 640 (1986).

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Bluebook (online)
528 A.2d 860, 11 Conn. App. 621, 1987 Conn. App. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-castillo-connappct-1987.