State v. George B.

785 A.2d 573, 258 Conn. 779, 2001 Conn. LEXIS 515
CourtSupreme Court of Connecticut
DecidedDecember 25, 2001
DocketSC 16504
StatusPublished
Cited by59 cases

This text of 785 A.2d 573 (State v. George B.) 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. George B., 785 A.2d 573, 258 Conn. 779, 2001 Conn. LEXIS 515 (Colo. 2001).

Opinion

Opinion

SULLIVAN, C. J.

The defendant, George B., appeals from the judgment of conviction, rendered after a jury trial, on charges of sexual assault in the first degree in [781]*781violation of General Statutes § 53a-70 (a) (l)1 and sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (2),2 in connection with an incident involving the daughter of his adopted daughter.

The defendant raises five issues on appeal. He contends that the trial court: (1) violated his due process right to a fair trial by failing to order, sua sponte, a competency examination after observing his behavior at trial, which the defendant alleges indicated that he was mentally ill and could not assist in the preparation of his defense; (2) improperly allowed the victim’s sister to testify as to uncharged sexual misconduct involving the defendant, which, he claims, was too dissimilar from the sexual conduct with the victim to warrant application of the intent or common plan or scheme exception to the general rule prohibiting admission of uncharged misconduct; (3) improperly interpreted § 53a-72a (a) (2) to encompass conduct occurring between persons related by adoption, rather than blood; (4) improperly failed to instruct the jury on the definition of “knowingly” in connection with the scienter element of § 53a-72a (a) (2), when the defendant claimed to have stated repeatedly at trial that the victim was not his granddaughter; and (5) improperly failed to charge the jury that a mistake of fact can negate intent. We disagree with the defendant and affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On August 22, 1966, the defendant married V, a [782]*782woman who already had children. During the course of the marriage, on June 6,1969, the defendant adopted two of V’s children, T and R, as his own. The couple divorced in the mid-1970s. V retained custody of the children, but the defendant paid child support for both T and R until they reached eighteen years of age. The defendant’s adopted daughter, T, also had children, C and J. T moved out of state, and C lived with V, her grandmother. While living with V, C was not allowed to have contact with the defendant. In late 1996, C moved out of V’s home and began living with her boyfriend. At this time, C began to see the defendant on a more regular basis. In 1997, C began visiting the defendant’s home with her sister, J, who worked there as a home health aid to an elderly woman living with the defendant. On several of these visits, the defendant tried to touch and grab C in an inappropriate manner. Occasionally, C and the defendant would go out to dinner and shopping.

On the evening of March 13, 1997, the defendant picked C up in Milford, took her to dinner and then to his home. C asked the defendant for cigarettes, which he indicated were in his bedroom. C went to the bedroom and was followed by the defendant. He pushed C facedown on the bed and had vaginal intercourse with her. At trial, the defendant testified that he had sexual intercourse with the victim on March 13, 1997, but claimed that it had been consensual. The defendant was arrested and charged with sexual assault in the first degree in violation of § 53a-70 (a) (1) and sexual assault in the third degree in violation of § 53a-72a (a) (2). After a trial, the jury returned a verdict of guilty on both counts.

At the sentencing hearing, the court granted the defense’s request for an evaluation, in accordance with [783]*783General Statutes § 17a-566 (a),3 to determine whether the defendant was competent to be sentenced. After a hearing on the defendant’s competency, the court ordered the defendant to be committed to the Whiting Forensic Institute for sixty days for further evaluation and treatment. After the sixty day evaluation, the court, pursuant to General Statutes § 17a-567 (c),4 found that [784]*784the defendant was in need of care, custody and treatment at the Whiting Forensic Institute. The court sentenced the defendant to confinement in the Whiting Forensic Institute. The defendant appealed from the judgment of conviction to the Appellate Court. We transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.

I

We first address the defendant’s claim that the trial court violated his due process right to a fair trial when it failed to order, sua sponte, a competency examination after observing his behavior at trial. The defendant did not raise the issue of competency at trial. Accordingly, the defendant seeks review of this unpreserved claim pursuant to State v. Golding, 213 Conn. 233, 567 A.2d 823 (1989).

In Golding, we held that “a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the defendant’s claim will fail.” Id., 239-40.

The first two requirements involve a determination of whether the claim is reviewable; the second two requirements involve a determination of whether the defendant may prevail. State v. Woods, 250 Conn. 807, 815, 740 A.2d 371 (1999). “The defendant bears the responsibility for providing a record that is adequate for review of his claim of constitutional error. If the [785]*785facts revealed by the record are insufficient, unclear or ambiguous as to whether a constitutional violation has occurred, we will not attempt to supplement or reconstruct the record, or to make factual determinations, in order to decide the defendant’s claim. . . . The defendant also bears the responsibility of demonstrating that his claim is indeed a violation of a fundamental constitutional right. Patently nonconstitutional claims that are unpreserved at trial do not warrant special consideration simply because they bear a constitutional label.” (Citations omitted.) State v. Golding, supra, 213 Conn. 240.

We conclude that the record is adequate to review this claim and that, because “[t]he conviction of an accused person who is not legally competent . . . violates the due process of law guaranteed by the state and federal constitutions”; State v. Gonzalez, 205 Conn. 673, 686, 535 A.2d 345 (1987); his claim is of constitutional magnitude. Thus, the first two prongs of Golding are met. We proceed, therefore, to a consideration of the third prong, namely, whether the alleged constitutional violation exists and deprived the defendant of a fair trial. See State v. Wolff, 237 Conn. 633, 662, 678 A.2d 1369 (1996). We conclude that the defendant’s claim does not meet the third prong of Golding.

“The standard we use to determine whether a defendant is competent under state law to stand trial is that set forth in Dusky v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wethersfield v. Eser
Connecticut Appellate Court, 2022
State v. Espinal
208 Conn. App. 369 (Connecticut Appellate Court, 2021)
State v. Mitchell
154 A.3d 528 (Connecticut Appellate Court, 2017)
State v. Daley
Connecticut Appellate Court, 2015
State v. Dort
Supreme Court of Connecticut, 2014
In re Azareon Y.
60 A.3d 742 (Connecticut Appellate Court, 2012)
State v. Baptiste
36 A.3d 697 (Connecticut Appellate Court, 2012)
State v. Collazo
967 A.2d 597 (Connecticut Appellate Court, 2009)
State v. McClelland
965 A.2d 586 (Connecticut Appellate Court, 2009)
Beam v. State
1 So. 3d 331 (District Court of Appeal of Florida, 2009)
State v. John F.M.
940 A.2d 755 (Supreme Court of Connecticut, 2008)
State v. Randolph
933 A.2d 1158 (Supreme Court of Connecticut, 2007)
State v. Jacobson
930 A.2d 628 (Supreme Court of Connecticut, 2007)
State v. McKenzie-Adams
915 A.2d 822 (Supreme Court of Connecticut, 2007)
State v. Farr
908 A.2d 556 (Connecticut Appellate Court, 2006)
State v. Brown
903 A.2d 169 (Supreme Court of Connecticut, 2006)
State v. Sawyer
904 A.2d 101 (Supreme Court of Connecticut, 2006)
State v. McArthur
899 A.2d 691 (Connecticut Appellate Court, 2006)
State v. Malon
898 A.2d 843 (Connecticut Appellate Court, 2006)
State v. John M.
894 A.2d 376 (Connecticut Appellate Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
785 A.2d 573, 258 Conn. 779, 2001 Conn. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-george-b-conn-2001.