State v. Jennings

583 A.2d 915, 216 Conn. 647, 1990 Conn. LEXIS 417
Supreme Court of Connecticut·Decided December 11, 1990·No. 14049; 14050·Published·Cited by 99 cases

Opinion

Hull, J.

The defendant, Gerald Jennings, was charged by substitute information with assault in the first degree in violation of General Statutes [649] § 53a-59 (a) (1)1 and kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A)2 as a result of an incident that occurred on June 6,1987. In another case, the defendant was charged by substitute information with criminal attempt to commit assault in the first degree in violation of General Statutes §§ 53a-493 and 53a-59 (a) (1) and criminal trespass in the first degree in violation of General Statutes § 53a-107 (a) (1)4 as a result of incidents that occurred on February 19 and 27, 1987. The two informations were joined for trial pursuant to General Statutes § 54-57 and Practice Book § 829.5

[650] Following a jury trial, the defendant was found guilty, in the first case, of the lesser included offenses of assault in the second degree and kidnapping in the second degree. In the second case, he was found guilty as charged. The trial court thereupon sentenced the defendant to two concurrent five year terms of imprisonment in the first case and, in the second case, to concurrent terms of imprisonment of twelve years, execution suspended after seven years with five years probation and one year probation respectively, to run consecutively with the sentence imposed in the first case. The defendant appealed the judgments to the Appellate Court. We subsequently transferred the appeals to this court pursuant to Practice Book § 4023.

On appeal the defendant claims that the trial court violated his constitutional rights when it: (1) denied the defendant’s motion to permit the withdrawal of appointed defense counsel; (2) granted the state’s motion to join the two informations for trial; (3) denied the defendant’s request to instruct the jury that it must be unanimous in its verdict as to factual theory; and (4) denied the jury’s request for a written copy of portions of the jury instructions. We conclude that the defendant’s constitutional rights were not violated. Accordingly, we affirm the judgments of the trial court.

The jury reasonably could have found the following facts. On February 19,1987, Patricia Hoskie, the victim, a former girlfriend of the defendant, was approached by the defendant while walking with her niece, Ruth Hoskie, to a bus stop in New Haven. The defendant asked to speak with the victim, but she refused. In response, the defendant revealed a knife under his coat. Shortly thereafter, the defendant, the victim and Ruth boarded a bus. The three got off the bus in Westville and started walking to her home. The victim continued to refuse the defendant’s repeated requests to speak [651] with her. Upon arriving at her home, Ruth informed the defendant that he could not come inside. When he asked to use the telephone, however, Ruth’s boyfriend, Yule Watley, permitted the defendant to enter for that purpose. The defendant proceeded to use the telephone, but he suddenly dropped the receiver, drew a knife and cut the victim’s finger. Watley grasped the defendant but he broke free and cut the victim’s upper arm. Wat-ley intervened again, and this time he was able to gain possession of the knife. Watley threw the defendant out of the house.

The defendant and the victim briefly resumed their former relationship. Subsequently, though, while the victim was staying in the hospital for unrelated kidney treatment, she requested that the defendant be prohibited from visiting her. Hospital security informed the defendant of the victim’s request, but on February 27,1987, he attempted to visit her. Hospital security notified the police.

The relationship between the victim and the defendant resumed once again for a short period. On June 6, 1987, the victim went to Atlantic City, New Jersey, with her sister, Frances Johnson, and her friend, Alice Walker. Upon their return that same evening, a bus let the three women off in a parking lot behind the Elk’s club in New Haven where Johnson’s car was parked. As they walked toward the car, the defendant approached the victim and asked to speak with her. She agreed and the two spoke briefly. Thereafter, as Johnson walked with the victim to the car, the defendant followed. When they reached the car, Johnson pushed the victim inside it and started to close the door, but the defendant pulled it open and fell upon the victim. The defendant cut the victim’s neck with a box cutter, pulled her out of the car, punched and kicked her and threw her about the parking lot. The victim [652] resisted the defendant and he cut her again, this time on the shoulder. Johnson and Walker tried to intervene, but the defendant threatened to shoot them with a shiny object that he displayed. The defendant took the victim from the parking lot to an empty apartment nearby. When a police officer walked by the apartment, the defendant instructed the victim to refrain from speaking. Some time later, the defendant told the victim that she could leave, which she did.

I

The defendant’s first claim is that the trial court’s denial of his motion to permit withdrawal of defense counsel on grounds of a conflict of interest deprived him of his rights to the effective assistance of counsel, due process of law and a fair trial guaranteed by the sixth, fifth and fourteenth6 amendments to the United States constitution and article first, § 8, of the Connecticut constitution.7 We do not agree.

On October 28,1987, prior to the commencement of trial, the defendant moved for the appointment of a special public defender to replace defense counsel, a public defender previously appointed for him, or in the alternative, for a continuance in order to obtain a private attorney. Defense counsel argued that since another public defender in her office had represented [653] the victim in a prior unrelated case, she owed the victim a duty of confidentiality that placed her in a position of conflict, making it inappropriate for her to represent the defendant. The trial court, Hadden, J., concluded that insufficient facts had been presented to warrant a finding that a conflict of interest existed and denied the motion.

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State v. Jennings, 583 A.2d 915, 216 Conn. 647, 1990 Conn. LEXIS 417 (Colo. 1990).

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