State v. Hanson

529 A.2d 720, 12 Conn. App. 32, 1987 Conn. App. LEXIS 1038
CourtConnecticut Appellate Court
DecidedAugust 11, 1987
Docket3928
StatusPublished
Cited by10 cases

This text of 529 A.2d 720 (State v. Hanson) 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. Hanson, 529 A.2d 720, 12 Conn. App. 32, 1987 Conn. App. LEXIS 1038 (Colo. Ct. App. 1987).

Opinion

Dupont, C. J.

The defendant appeals, after a trial to the court, from his conviction of arson in the first degree,1 [34]*34in violation of General Statutes § 53a-lll.2 The defendant claims that the court erred (1) in the burden of proof used, (2) in the findings made, and (3) in the conclusions drawn as to the affirmative defense provided by General Statutes § 53a-13.3 The defendant also claims error in the court’s determination that it had no discretion to release the defendant from incarceration pursuant to General Statutes § 17-251.

The trial court rendered a lengthy and detailed decision in open court at the conclusion of the trial, stating its factual findings and legal conclusions. The finding of guilty was rendered by the court on September 11,1984. The defendant was examined prior to sentencing to determine his mental condition in accordance with General Statutes § 17-244.4 The court sentenced [35]*35the defendant on January 9, 1985, to a term of fifteen years, but, in light of the report on his mental condition, ordered that the defendant be committed to the Whiting Forensic Institute for treatment. General Statutes § 17-245.5 On January 7, 1986, the court held a hearing after a reexamination of the defendant as provided in General Statutes § 17-250,6 and transferred him to the custody of the commissioner of correction to serve the remainder of his sentence. General Statutes § 17-251.7

[36]*36The defendant’s first claim of error is that the court erred in applying a higher standard of proof than the fair preponderance of the evidence to the defendant’s affirmative defense, and asks this court to determine that the defendant had met the fair preponderance standard. General Statutes § 53a-12 (b).8

The defendant’s claim that the trial court applied an erroneous standard of proof rests upon several comments made by the court at the time the defendant was sentenced. At the sentencing hearing, which was held several months after the rendering of the verdict of guilty, the court stated: “You are to be sentenced, confined to the Whiting Institute for custody, care and treatment. You are entitled to a hearing, and that is of course what we are here about this time. Now, based upon the testimony which I have heard at this hear[37]*37ing, it appears to this Court that, although the Court is not fully convinced that you are not now suffering from a mental illness, the Court certainly was not fully convinced that you were suffering from a mental illness which means you are dangerous to yourself or to others at the time of the crime; that the court is not fully convinced that you are suffering from such illness at this time. There is, however, in the Court’s mind some doubt.”

The defendant contends that these statements demonstrate that the court applied, to the affirmative defense pleaded by the defendant, a higher standard than the requisite fair preponderance of the evidence. These statements were not, however, related to the court’s determination of guilt or innocence, but rather to the imposition of a sentence. The statements related to the trial court’s choice of whether to confine the defendant for psychiatric care, or to order him committed to the custody of the commissioner of correction.

The trial court’s remarks at the time the judgment of guilty was rendered, four months earlier, belie this claim of error. When rendering its verdict, the court stated prior to its summary of the evidence, that the affirmative defense had to be “proven by the defendant by a fair preponderance of the evidence.” Subsequent to its review of the evidence, the court concluded that “the defense has failed to prove by a fair preponderance of the evidence that the defendant lacked capacity as a result of mental illness either to appreciate the wrongfulness of his conduct or to control his conduct within the requirements of law.” The court had also noted that the question of the effect of the mental disease or defect was one of degree, and that while the defendant was probably suffering from some degree of mental illness or emotional upset, “[t]he general and professional evidence points to the conclusion that he did appreciate the wrongfulness of his conduct at the [38]*38time he committed the acts . . . .” The transcript of the proceedings at which the defendant was found guilty makes clear that the court applied the proper burden of proof to the evidence presented at trial.9

The defendant also seeks to have us determine that he had established his affirmative defense by a fair preponderance of the evidence. The evidence presented by the defendant was the testimony of several psychiatric experts. Their testimony included the opinions they held about the mental condition of the defendant at the time that he ignited the fire for which he was convicted of arson. In rebuttal, the state presented testimony by fire department personnel who spoke to the defendant at the scene of the fire, the police detective who interviewed the defendant after the fire, and the defendant’s wife and mother-in-law. “[0]ur review of the conclusions of the trier of fact, whether it be a judge, a panel of judges or a jury is limited.” State v. Evans, 203 Conn. 212, 238, 523 A.2d 1306 (1987). We construe the evidence in the light most favorable to sustaining the trial court’s judgment. The conclusion of the trier of fact must be affirmed if it is reasonably supported by the evidence and logical inferences drawn from the evidence. Id.

The state presented no expert testimony on the defendant’s mental disease, defect, or lack thereof, but [39]*39has no obligation to do so in order to refute evidence of the affirmative defense of insanity. State v. Evans, supra, 238-39; State v. Ontra, 178 Conn. 480, 485-86, 423 A.2d 134 (1979). The trier was presented with conflicting evidence about the defendant’s mental condition, and was entitled to weigh that evidence in considering the defendant’s mental condition. State v. Evans, supra, 239. The state extensively cross-examined the psychiatric witnesses, and presented testimony relevant to the defendant’s history and his conduct at the scene of the crime. The defendant’s psychiatric witnesses did not testify to an unshakable conviction that it was the defendant’s mental condition, absent the ingestion of alcohol, which was the cause of his criminal behavior. The court is not compelled to accept the testimony of a psychiatric expert as conclusive on the issue of the defendant’s mental condition as it relates to his guilt of the crime with which he is charged. State v. Evans, supra, 238-39. The trial court’s duty is to weigh the evidence and conclude whether the defendant has established his affirmative defense. State v. Evans, supra; State v. Ontra, supra; see also In re Juvenile Appeal (Docket No. 9260), 184 Conn. 157, 170-71, 439 A.2d 958 (1981).

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531 A.2d 184 (Connecticut Appellate Court, 1987)

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Bluebook (online)
529 A.2d 720, 12 Conn. App. 32, 1987 Conn. App. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hanson-connappct-1987.