State v. Lewis

635 A.2d 316, 33 Conn. App. 288, 1993 Conn. App. LEXIS 476
CourtConnecticut Appellate Court
DecidedDecember 21, 1993
Docket10947
StatusPublished
Cited by1 cases

This text of 635 A.2d 316 (State v. Lewis) 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. Lewis, 635 A.2d 316, 33 Conn. App. 288, 1993 Conn. App. LEXIS 476 (Colo. Ct. App. 1993).

Opinion

Landau, J.

The defendant appeals from his conviction, rendered after a jury trial, of robbery in the first degree in violation of General Statutes §§ BSa-S1 and 53a-134 (a) (3).2 The defendant claims that the trial court improperly (1) denied his posttrial motion for judgment of acquittal because there was insufficient evidence from which the jury could find the defendant guilty beyond a reasonable doubt, and (2) intervened during testimony of a state’s witness, which reflected favorably upon the witness’ credibility, thereby depriving the defendant of a fair and impartial judge and jury. We agree with the defendant’s first claim and reverse the judgment of the trial court. Because this is dispositive of the appeal, we need not address the remaining claim.

The jury could have reasonably found the following facts. On November 20,1991, Kim Goldsmith, an assistant manager of Arby’s Restaurant at the Trumbull Shopping Park, and the defendant, also an Arby’s employee, were working alone in the restaurant between 8 and 9 p.m. Goldsmith was taking food orders from customers and the defendant was preparing the food orders in the kitchen area located in the rear of the premises. At approximately 8:50 p.m., Goldsmith [290]*290observed the defendant talking to Nelson Castillo at an employee’s gate. Goldsmith told the defendant to return to work.

At the 9 p.m. closing time, Goldsmith lowered the restaurant’s electronic gate to counter level, and he and the defendant cleaned the restaurant equipment. Goldsmith emptied the cash drawers and counted the money. At about 9:50 p.m., while Goldsmith was working at his desk, he was approached from behind. A hand covered his eyes and a knife was placed at his throat. The attacker called Goldsmith by name and told him that if he cooperated he would not be harmed. The attacker then shoved Goldsmith into a nearby walk-in freezer. As Goldsmith struggled to keep the freezer door from closing, the attacker flailed the knife up and down in the freezer doorway. Goldsmith then forced the freezer door open, and ran out of the restaurant into the mall hallway yelling for assistance. His attacker alsp fled the restaurant but in the opposite direction. The security gate, which could be operated only from within the restaurant, was fully open as the two fled.

Anthony Silva, a mall maintenance worker, heard the disturbance and ran to the restaurant. Inside Silva saw the defendant who pointed out the fleeing attacker, and Silva chased after the attacker. The defendant entered the hallway where Goldsmith was standing and asked what had happened. Goldsmith told him that he had just been robbed, and asked the defendant where he had been. The defendant said he had been in the bathroom and then ran down the hallway after Silva.

Meanwhile, Silva had caught the assailant who was identified as Castillo. The knife used in the robbery was recovered and determined to be from the restaurant. Money had been stolen but was not recovered. Goldsmith told police officers he suspected that the defendant was involved in the robbery.

[291]*291The defendant argues that the state’s evidence was not sufficient to prove beyond a reasonable doubt that he was an accessory to robbery in the first degree. The state contends that the facts presented and the inferences that can be properly drawn support a guilty verdict.

“ ‘When reviewing a sufficiency of the evidence claim, we first examine the evidence in the light most favorable to upholding the jury’s verdict. State v. Avis, 209 Conn. 290, 309, 551 A.2d 26 (1988), cert. denied, 489 U.S. 1097, 109 S. Ct. 1570, 103 L. Ed. 2d 937 (1989); State v. Rice, 25 Conn. App. 646, 650, 595 A.2d 947 (1991). We then determine on the basis of the facts established and the inferences that reasonably could be drawn from those facts whether the jury reasonably could have concluded that the cumulative effect of the evidence established the defendant’s guilt beyond a reasonable doubt. State v. Famiglietti, 219 Conn. 605, 609, 595 A.2d 306 (1991); State v. Hopes, 26 Conn. App. 367, 376, 602 A.2d 23, cert. denied, 221 Conn. 915, 603 A.2d 405 (1992). We note that the probative force of the evidence is not diminished because it consists, in whole or in part, of circumstantial evidence rather than direct evidence. State v. Robinson, 213 Conn. 243, 254, 567 A.2d 1173 (1989).’ State v. Lago, 28 Conn. App. 9, 30, 611 A.2d 866, cert. denied, 223 Conn. 919, 614 A.2d 826 (1992). Our inquiry into whether the evidence in the record would support a finding of guilt beyond a reasonable doubt does not require us to ask if we believe that the evidence established guilt beyond a reasonable doubt, but rather if ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ (Emphasis in original.) State v. Boykin, 27 Conn. App. 558, 563-64, 609 A.2d 242, cert. denied, 223 Conn. 905, 610 A.2d 179 (1992). Once a defendant has been found guilty of the crime charged, we conduct our judicial review of all of the evidence in the light [292]*292most favorable to the prosecution. Id., 564.” State v. Hamilton, 30 Conn. App. 68, 71-72, 618 A.2d 1372, cert. granted, 225 Conn. 910, 621 A.2d 290 (1993).

“When applying the sufficiency of the evidence test, the court must ensure that [e]ach essential element of the crime charged . . . be established by proof beyond a reasonable doubt, and although it is within the province of the [trier] to draw reasonable, logical inferences from the facts proven, [it] may not resort to speculation and conjecture. . . . Where it cannot be said that a rational trier of fact could find guilt proven beyond a reasonable doubt, then, a conviction cannot constitutionally stand, as it is violative of due process under the fourteenth amendment. . . . [T]he burden rested upon the prosecution to prove the guilt of the accused, i.e., to prove each material element of the offense charged beyond a reasonable doubt.” (Citations omitted; internal quotation marks omitted.) State v. Lee, 32 Conn. App. 84, 97-98, 628 A.2d 1318, cert. denied, 227 Conn. 924, 632 A.2d 702 (1993).

To prove accessory liability for the crime of robbery in the first degree under General Statutes § 53a-8, the state must establish beyond a reasonable doubt that the defendant had solicited, requested, commanded, or importuned Castillo to commit the crime of robbery in the first degree.3 “To justify a conviction as an accessory, the state must prove both that the defendant had the intent to aid the principal and that, in so aiding, he had the intent to commit the crime. State v. Foster, 202 Conn.

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Related

State v. Smith
860 A.2d 801 (Connecticut Appellate Court, 2004)

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Bluebook (online)
635 A.2d 316, 33 Conn. App. 288, 1993 Conn. App. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lewis-connappct-1993.