State v. Eric T.

513 A.2d 1273, 8 Conn. App. 607, 1986 Conn. App. LEXIS 1114
CourtConnecticut Appellate Court
DecidedAugust 26, 1986
Docket3196; 3197
StatusPublished
Cited by14 cases

This text of 513 A.2d 1273 (State v. Eric T.) 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. Eric T., 513 A.2d 1273, 8 Conn. App. 607, 1986 Conn. App. LEXIS 1114 (Colo. Ct. App. 1986).

Opinion

Bieluch, J.

These appeals arise out of two separate judgments of the trial court, each adjudicating the same defendant to be a youthful offender pursuant to General Statutes § 54-76g by virtue of his commission of a sexual assault in the fourth degree, in violation of General Statutes § 53a-73a,1 on two successive days. We find error only with respect to the sentences imposed.

The court could reasonably have found the following facts. The defendant was charged, in each of two informations, with one count of sexual assault in the fourth degree arising out of similar incidents which occurred in the same public building on November 29 [609]*609and November 30, 1983. In the first incident, the defendant approached the victim and placed his hands on her chest and buttocks. On the other occasion, he reached between another victim’s legs and grabbed her genital area.

The defendant was arrested pursuant to separate warrants with respect to each charge. He was arraigned on the same day on both informations and moved for youthful offender status pursuant to General Statutes § 54-76c. Both motions were granted by the court after an investigation as to his eligibility. In each case, the defendant pleaded not guilty to the charges of being a youthful offender. After a combined trial on both informations, the court found in each case that the defendant had committed the underlying offense charged against him in the information, and adjudged him separately in each matter to be a youthful offender. Thereafter, the court imposed separate sentences on each of the two adjudications of the defendant as a youthful offender.2

In the first case, in which the defendant was adjudicated a youthful offender for the incident of November 29,1983, he was sentenced to imprisonment for one year, execution suspended, and he was placed on probation for three years. In addition, the court imposed a fine of two hundred dollars. In the companion case, in which he was adjudicated a youthful offender for the incident of November 30, 1983, he was sentenced to imprisonment for one year, execution suspended, this term of imprisonment to run concurrently with the sentence in the earlier case, with probation for three years. [610]*610Additionally, he was fined two hundred dollars on this adjudication also. The total effective sentence imposed upon the defendant was a term of imprisonment for one year, execution suspended, with probation for three years, and a combined fine of four hundred dollars.

The defendant has appealed, claiming (1) that the court, by its interrogation of witnesses and its attitude toward defense counsel, showed bias in favor of the state, thereby denying the defendant a fair trial, (2) that the court erred in permitting the parents of witnesses to be present in the courtroom during the trial, (3) that the court erred in concluding that the evidence and reasonable inferences drawn therefrom were sufficient to justify its adjudication that the defendant had committed the underlying offenses, and (4) that the defendant received ineffective assistance of counsel. We decline to review this last claim of error because, as our courts have said in the past, a claim of ineffective assistance of counsel is more appropriately pursued by a petition for a writ of habeas corpus. State v. Leecan, 198 Conn. 517, 541, 504 A.2d 480, cert. denied, 476 U.S. 1184, 106 S. Ct. 2922, 91 L. Ed. 2d 550 (1986); State v. Rivera, 196 Conn. 567, 571, 94 A.2d 570 (1985); Miller v. Angliker, 4 Conn. App. 406, 416-17, 494 A.2d 1226 (1985).

The defendant’s first claim is that the court’s “cross-examination” of defense witnesses, its interruption of the defendant’s cross-examination of a state’s witness, its statements to witnesses, its direction to the defendant to have a police officer, who had been called by him as a possible witness, testify over the protest of counsel, and its refusal to allow either counsel to argue the defendant’s motion for acquittal, which it summarily denied, showed the court’s bias against him. Nonetheless, a review of the record demonstrates that not a single objection was made by the defendant to any of those claimed incidents of bias. Nor were any of those occurrences demonstrative of judicial bias. “While [611]*611proof of actual bias is not required in order to obtain a judge’s recusal; Cameron v. Cameron, 187 Conn. 163, 170, 444 A.2d 915 (1982); the record must ‘give fair support to [the] claim [of actual bias].’ Szypula v. Szypula, 2 Conn. App. 650, 656, 482 A.2d 85 (1984).” Hartford National Bank & Trust Co. v. DiFazio, 6 Conn. App. 576, 581, 506 A.2d 1069 (1986). Upon the record before us, we cannot conclude that there was “the necessary ‘suspicion as to the fairness of the court’s administration of justice’ which is required in order to make a claim of actual bias. Krattenstein v. G. Fox & Co., 155 Conn. 609, 615, 236 A.2d 466 (1967).” Hartford National Bank & Trust Co. v. DiFazio, supra. To the contrary, defense counsel thanked the court at the close of trial for the “leeway” given to him in his first trial and apologized for being “overzealous.”

The defendant’s next claim of error is that the court violated General Statutes § 54-76h, which mandates that a youthful offender proceeding shall be private, when it permitted the parents of a minor witness, who was sixteen years of age, to be present at the trial. Although the defendant, at that time, did not object to the presence of the parents, he now claims the issue as plain error pursuant to Practice Book § 3063. We disagree.

The defendant’s argument essentially calls for a strict interpretation of General Statutes § 54-76h. Such an interpretation, however, would render the entire body of youthful offender procedures “functionally unworkable.” See Buckley v. Muzio, 200 Conn. 1, 7, 509 A.2d 489 (1986). If this argument were taken to its logical extreme, the court could not permit the presence of people relevant to the proceedings, such as court staff, to be present at the hearing. While General Statutes § 54-76h does provide that the proceedings “shall be private,” this particular requirement “must be construed with common sense.” Shelby Mutual Ins. Co. v. [612]*612Della Ghelfa, 3 Conn. App. 432, 438, 489 A.2d 398 (1985), aff'd, 200 Conn. 630, 513 A.2d 52 (1986); State v. Privitera, 1 Conn. App. 709, 721, 476 A.2d 605 (1984).

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Bluebook (online)
513 A.2d 1273, 8 Conn. App. 607, 1986 Conn. App. LEXIS 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eric-t-connappct-1986.