State v. Gould

695 A.2d 1022, 241 Conn. 1, 1997 Conn. LEXIS 157
CourtSupreme Court of Connecticut
DecidedMay 20, 1997
DocketSC 15268; SC 15269
StatusPublished
Cited by58 cases

This text of 695 A.2d 1022 (State v. Gould) 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. Gould, 695 A.2d 1022, 241 Conn. 1, 1997 Conn. LEXIS 157 (Colo. 1997).

Opinion

Opinion

MCDONALD, J.

The defendants both claim that the trial court improperly allowed the jury to replay the videotaped testimony of a state’s witness in the jury room. In his appeal, Taylor also claims that: (1) the evidence was insufficient to support his convictions of attempted robbery in the first degree, robbery in the first degree and felony murder; (2) the trial court improperly limited his cross-examination of a witness; (3) the trial court improperly precluded evidence of that same witness’ character for [5]*5truthfulness and veracity; (4) the trial court improperly admitted misconduct evidence; and (5) his convictions of attempted robbery in the first degree and robbery in the first degree violate the prohibition against double jeopardy. We affirm the judgments of the trial court with the exception of our conclusion that Taylor’s convictions of attempted robbery in the first degree and robbery in the first degree must be merged and the sentence for attempted robbery in the first degree vacated.

The jury reasonably could have found the following facts. On July 4, 1993, at approximately 5:35 a.m., the defendants entered La Casa Green, a retail store, on Grand Avenue in New Haven. The owner, Eugenio Vega, had opened the store shortly after 5 a.m. and was the only person in the store. The defendants tied up Vega’s hands with electrical cord, placed him in the store’s cooler, and fatally shot him in the head. The defendants took money and jewelry from Vega’s safe and searched through Vega’s wallet.

The state’s principal witness was Doreen Stiles. She testified that after she observed Gould enter the store, she hid in the alleyway next to the store. From her hiding place, Stiles heard the voices of three people arguing in the store, including Vega, who was screaming. She distinctly heard Vega and the defendants arguing about money and opening the safe. After a couple of minutes, Stiles heard a single gunshot. She then observed both of the defendants leave the store.

I

Taylor claims that the evidence was insufficient to support his convictions of felony murder, robbery in the first degree and attempted robbery in the first degree. He argues that there was no evidence that either a robbery or an attempted robbery was committed at La Casa Green. Taylor asserts that it was not established [6]*6what had been in the safe or that anything was missing from the safe, and that there was no evidence that anything was missing from Vega’s person. Taylor asserts, therefore, that without evidence of a robbery or an attempted robbery, his convictions of those offenses as well as of felony murder must be reversed. We conclude that there was sufficient evidence to convict Taylor of each count.

We apply a two part test in analyzing a sufficiency of the evidence claim. “First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [finder of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. . . . State v. Greenfield, [228 Conn. 62, 76, 634 A.2d 879 (1993)]. . . . State v. Mejia, 233 Conn. 215, 223, 658 A.2d 571 (1995). While the jury must find every element proven beyond a reasonable doubt in order to find the defendant guilty of the charged offense, each of the basic and inferred facts underlying those conclusions need not be proved beyond a reasonable doubt. State v. Castonguay, 218 Conn. 486, 507, 590 A.2d 901 (1991). If it is reasonable and logical for the jury to conclude that a basic fact or an inferred fact is true, the jury is permitted to consider the fact proven and may consider it in combination with other proven facts in determining whether the cumulative effect of all the evidence proves the defendant guilty of all the elements of the crime charged beyond a reasonable doubt. State v. Grant, 219 Conn. 596, 604-605, 594 A.2d 459 (1991). State v. Pinnock, 220 Conn. 765, 771, 601 A.2d 521 (1992). [W]e must defer to the jury’s assessment of the credibility of the witnesses based on its firsthand observation of their conduct, demeanor and attitude. . . . This court cannot substitute its own judgment for that of the jury if there is [7]*7sufficient evidence to support the jury’s verdict. . . . State v. Mejia, supra, 224.” (Internal quotation marks omitted.) State v. James, 237 Conn. 390, 435-36, 678 A.2d 1338 (1996).

Susana Negron, the victim’s daughter, testified that she did the bookkeeping for her father’s store. At the beginning of each week, Negron would make deposits for her father of receipts totaling between $3000 and $10,000. The week before her father’s murder, however, she did not make a deposit. Her father had instructed her not to make a deposit that week because he planned to use those receipts to make a downpayment on a building that he intended to purchase. Negron further testified that during December, 1992, before her father’s murder, she had seen the contents of the floor safe in the back of La Casa Green, and that the safe contained jewelry, documents, papers, cash and coins. The jewelry included a “beautiful diamond earring” that Vega intended to leave for his wife, but Negron never saw the earring again after her father’s death.

Officer Keith Wortz of the New Llaven police department was the first officer to enter La Casa Green following the shooting. Wortz testified that after finding no one in the front of La Casa Green, he entered the back area of the store. There he saw an open floor safe with items on the floor outside of the safe and leaning on the open door. Wortz also saw a wallet on a box next to the safe. He then entered the cooler and found Vega’s still warm body.

Detective Chris Grice of the New Haven police department then arrived at the store. Grice testified that he found the cash register keyed on with coins and bills inside. He stated that there did not appear to be any money missing from the cash register. In the back of the store, however, he observed bank statements and a paper band, of the type used to wrap money, on [8]*8the floor. The safe was open and there were jewelry boxes inside, but there was no money or jewelry in the safe. Grice also found Vega’s wallet, which did not contain any money, although Vega had $1800 in the front pocket of his trousers.

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Cite This Page — Counsel Stack

Bluebook (online)
695 A.2d 1022, 241 Conn. 1, 1997 Conn. LEXIS 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gould-conn-1997.