State v. Eaddy

547 A.2d 912, 16 Conn. App. 264, 1988 Conn. App. LEXIS 360
CourtConnecticut Appellate Court
DecidedSeptember 20, 1988
Docket6298; 6576
StatusPublished
Cited by2 cases

This text of 547 A.2d 912 (State v. Eaddy) 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. Eaddy, 547 A.2d 912, 16 Conn. App. 264, 1988 Conn. App. LEXIS 360 (Colo. Ct. App. 1988).

Opinion

Spallone, J.

This opinion addresses two appeals filed by the defendant. The first appeal is from the judgment of conviction, rendered after a jury trial, of the crime of robbery in the second degree in violation of General Statutes § 53a-135 (a) (1). In the second appeal, the defendant appeals from his conviction of violation of probation; General Statutes § 53a-32; based upon the conviction of the crime of robbery.

In his first appeal, the defendant claims that the trial court erred (1) in charging the jury under General Stat[266]*266utes § 54-84 (b) on his failure to testify, (2) in its instructions to the jury on a statutory alternative for the underlying crime of larceny when there was no evidence offered by the state in support thereof, and (3) by allowing the prosecutor, during both cross-examination and closing argument, to impeach the defendant’s sole alibi witness by referring to her alleged pretrial silence.

The jury could reasonably have found the following facts. In the early morning hours of Tuesday, November 25,1986, the victim, Lee Crenshaw, and two friends were driving around New Haven in Crenshaw’s rented automobile. Sometime between 1 and 2 a.m., Crenshaw drove to the Brown Projects, an apartment complex located at 1134 Quinnipiac Avenue in New Haven, to visit a young woman named Brenda Taylor. Crenshaw and Taylor talked at the door of Taylor’s apartment for a few minutes. During the course of the conversation, Crenshaw displayed to Taylor a roll of money containing $400, which Crenshaw had received from his former employer. Taylor asked if she could borrow $10, but Crenshaw had nothing smaller than a $20 bill, except for a few $1 bills. He arranged with Taylor to return later.

Crenshaw and his friends then drove around for several more hours. During the ride, Crenshaw got change for a $20 bill from one of his friends. After dropping off his companions, he drove back to the Brown Projects, arriving there sometime between 5 and 5:45 a.m. He parked his car in the parking lot designated for use by the tenants of the project and located close to an alleyway leading to Taylor’s apartment.

Crenshaw walked to the apartment and knocked on the door. The door was opened by the defendant, Taylor’s brother, whom Crenshaw knew as “Cleecko” and with whom Crenshaw had had a previous encoun[267]*267ter at the home of Taylor’s grandmother. Crenshaw recognized the defendant as the same person he had seen at the grandmother’s house.

Crenshaw asked the defendant if Taylor was home. The defendant called to her and then left. After conversing briefly in the doorway, Crenshaw suggested that he and Taylor sit in his car, which they did. After sitting and talking in the car for approximately five minutes, Crenshaw and Taylor were interrupted by a man who opened Crenshaw’s door and stated, “You messing with my girl.” As the man said this, he punched Crenshaw twice in the jaw and then bent over and grabbed Crenshaw’s arms below the elbows, effectively pinning his arms to his sides.

Taylor exited the car and Crenshaw heard her call the name “Cleecko.” While his arms were being held, Crenshaw’s car seat moved and he felt a second individual searching his pockets. By the dome light, which had gone on when the car door was opened, he recognized the defendant as the person searching his pockets. The defendant searched until he found and extracted the roll of bills from Crenshaw’s pocket, at which time the defendant exclaimed, “I got it.” The defendant and his companion left the car and ran down the alley in the direction of Taylor's apartment.

Crenshaw started the car and drove a few hundred feet down Quinnipiac Avenue hoping to get another look at his assailants. Having no success, he returned to Taylor’s apartment and briefly spoke with her. While driving home, Crenshaw saw a friend and told him that he had been robbed. Crenshaw returned home a little after 7 a.m. He called the police and talked to Officer Robert Malone. After Crenshaw had described the incident, stating that he had been robbed by a man nicknamed “Cleecko,” Malone and Crenshaw drove to the Brown Projects. Malone interviewed Taylor, asking her [268]*268if she had been with the victim during the robbery, whether she knew “Cleecko,” whether he was currently in the apartment and whether she knew where he lived. Taylor did not give the officer any of the requested information and finally refused to answer any questions. When Malone asked the defendant’s mother, who was then present, what “Cleecko’s” real name was, she ignored him.

Malone then took Crenshaw to police headquarters, where Crenshaw viewed approximately 1000 photographs before he identified one of the defendant. Crenshaw told the detective that he was “positive” of his identification. Crenshaw eventually made an in-court identification of the defendant and stated that he was “absolutely certain” of his identification.

The defendant was arrested, charged with and found guilty by a jury of robbery in the second degree. Following that conviction, the defendant was found in violation of his probation.

In his first claim of error in the first appeal, the defendant contends that the trial court erred in its charge to the jury regarding the defendant’s failure to testify, by deviating from the exact language of General Statutes § 54-84 (b).1 The defendant contends that the jury might have interpreted the court’s instruction as prohibiting group discussion of the defendant’s elec[269]*269tion not to testify, without forbidding any juror’s private consideration of the defendant’s election not to testify.2

Our Supreme Court recently has decided that language in a charge similar to that used here is indeed erroneous. State v. Townsend, 206 Conn. 621, 539 A.2d 114 (1988) (per curiam). “Judicial noncompliance with § 54-84 (b) does not, however, automatically warrant a reversal and a new trial. We must decide, on a case by case basis, whether a trial court’s failure fully to comply with the statute was harmless. State v. Cobb, 199 Conn. 322, 324-25, 507 A.2d 457 (1986). Because such an error is of constitutional dimension, ‘[t]he applicable test requires the state to prove beyond doubt that, from the viewpoint of the charge as a whole, there is no reasonable possibility that the jury was misled.’ Stale v. Sinclair, [197 Conn. 574, 584, 500 A.2d 539 (1985)]; State v. Cobb, supra, 325; State v. Tatem, [194 Conn. 594, 599, 483 A.2d 1087 (1984)]. In the present context, the state must show that the charge as given conveyed to the jury the substantive meaning of the statutory requirement. State v. Cobb, supra; State v. Marra, 195 Conn. 421, 433, 489 A.2d 350 (1985).” State v. Townsend, supra, 625-26.

Our analysis of the charge in this case and the pertinent charge given in Townsend indicates that the instruction as given here fully comports with the principles outlined in Townsend.

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Related

State v. Dennison
585 A.2d 1240 (Connecticut Appellate Court, 1991)
State v. Mebane
563 A.2d 1026 (Connecticut Appellate Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
547 A.2d 912, 16 Conn. App. 264, 1988 Conn. App. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eaddy-connappct-1988.