State v. McClain

579 A.2d 564, 23 Conn. App. 83, 1990 Conn. App. LEXIS 304
CourtConnecticut Appellate Court
DecidedAugust 28, 1990
Docket8278
StatusPublished
Cited by7 cases

This text of 579 A.2d 564 (State v. McClain) 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. McClain, 579 A.2d 564, 23 Conn. App. 83, 1990 Conn. App. LEXIS 304 (Colo. Ct. App. 1990).

Opinion

Norcott, J.

After a jury trial, the defendant was convicted of the crimes of assault in the second degree in violation of General Statutes § 53a-60 (a) (5) and interfering with an officer in violation of General Statutes § 53a-167a. On appeal, the defendant challenges the trial court’s (1) partial denial of his motion in limine to exclude prior convictions, (2) admission into evidence of the sentences imposed for the defendant’s prior convictions, and (3) admission into evidence of hearsay testimony by a state police officer concerning statements made to him by a prison inmate. We affirm the trial court’s judgment.

The jury could reasonably have found the following facts. At approximately 9:15 p.m., on December 21, 1988, the defendant, an inmate at the Enfield medium security prison, engaged in a fight with another inmate, Elwell McPhail. The fight occurred in the game room of a dormitory at the prison. In the course of the fight, the two inmates fell to the floor. Officer Ernest J. Nameth attempted to break up the fight, and the defendant then struck him in the mouth, knocking him backwards.

I

On appeal, the defendant first challenges the trial court’s partial denial of his motion in limine requesting that, should he testify, the trial court prevent the state from using evidence of his prior convictions for impeachment purposes. The trial court granted the motion in part, ruling that the defendant’s convictions of assault in the first degree and assault in the second degree be referred to only as “unspecified felonies.” The trial court allowed into evidence, however, the defendant’s twelve convictions of robbery in the first degree.

Because the trial court had denied his motion in limine with respect to the robbery convictions, the [85]*85defendant testified on direct examination that he had been convicted of robbery twelve times.1 The defendant claims that the sheer number of convictions of such a violent crime so prejudiced the jury against him as to preclude their admission into evidence.

This is an issue that both this court and our Supreme Court have dealt with many times. It is axiomatic that evidence that a criminal defendant has been convicted of crimes on prior occasions is generally not admissible. State v. Geyer, 194 Conn. 1, 5, 480 A.2d 489 (1984). It has been long recognized, however, that “[i]f a defendant in a criminal case has previously been convicted of crimes punishable by imprisonment for more than one year, a trial court may allow the state to introduce those convictions at a trial on subsequent charges as evidence related to the defendant’s credibility, where credibility is in issue.” State v. Braswell, 194 Conn. 297, 307, 481 A.2d 413 (1984), cert. denied, 469 U.S. 1112, 105 S. Ct. 793, 83 L. Ed. 2d 786 (1985). A trial court may properly admit such evidence only when its prejudicial effect does not “far outweigh” its probative value. State v. Harrell, 199 Conn. 255, 260, 506 A.2d 1041 (1986); State v. Braswell, supra; State v. Nardini, 187 Conn. 513, 521, 447 A.2d 396 (1982).

In balancing the probative value of evidence concerning prior convictions against the prejudicial effect of its admission, a trial court must consider three factors: “(1) the extent of the prejudice likely to arise; (2) the significance of the commission of the particular crime in indicating untruthfulness; and (3) its remoteness in time.” State v. Nardini, supra, 522. “A trial court’s decision denying a motion to exclude a witness’ prior [86]*86record, offered to attack his credibility, will be upset only if the court abused its discretion.” State v. Binet, 192 Conn. 618, 623, 473 A.2d 1200 (1984).

“In moving to bar introduction of prior convictions a defendant in a criminal case bears the burden of demonstrating the specific harm that will occur if the convictions are introduced.” State v. Braswell, supra, 308. In this case, the defendant argued at trial that his robbery convictions should be excluded, first, because the number of convictions would unduly prejudice the jury, and, second, because the convictions of robbery, a violent crime, were so like the offense being tried as to create a high degree of prejudice.

It is clear that the trial court considered both the defendant’s arguments and the three criteria set forth by our Supreme Court before ruling on the defendant’s motion in limine. The trial court specifically noted that, because the underlying crime of robbery is larceny, the defendant’s robbery convictions were “highly probative of his truthfulness and veracity.” See State v. Harrell, supra, 263; State v. Geyer, supra, 12. In addition, the trial court performed the requisite balancing when it sanitized the defendant’s assault convictions.2 See State v. Geyer, supra, 16. The trial court did not abuse its discretion in denying the defendant’s motion in limine. Therefore, we do not disturb its ruling.

II

The defendant next challenges the admission into evidence of the sentences imposed for his prior convictions. After ruling on the defendant’s motion in limine, the trial court held that sentences imposed for each of the defendant’s fourteen convictions could be revealed to the jury. Subsequently, the defendant testified on [87]*87direct examination that he had received a total sentence of twelve years for his twelve convictions of robbery and of two unspecified felonies. The defendant claims that, because he admitted to his prior convictions, the “customary inquiry” concerning impeachment should be limited to “the name of the crime and the date of conviction.” State v. Geyer, supra, 8.

Although this is an issue of first impression in Connecticut, courts in other jurisdictions have addressed this issue and have come to different conclusions as to its resolution. In some states, courts have allowed questioning as to the sentence imposed for a conviction when that conviction is introduced to impeach the defendant. See, e.g., State v. Washington, 383 S.W.2d 518 (Mo. 1964); State v. Sinclair, 57 N. J. 56, 269 A.2d 161 (1970); Webb v. State, 445 P.2d 531 (Okla. Crim. App. 1968); Jackson v. State, 161 Tex. Crim. 561, 279 S.W.2d 354 (1955). Other states have held that such an inquiry is absolutely prohibited. See, e.g., People v. Rappuhn, 390 Mich. 266, 212 N.W.2d 205 (1973); Murray v. State, 266 So. 2d 139 (Miss. 1972), cert. denied, 411 U.S. 907, 93 S. Ct. 1534, 36 L. Ed. 2d 196 (1973).

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Bluebook (online)
579 A.2d 564, 23 Conn. App. 83, 1990 Conn. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcclain-connappct-1990.