State v. Montanez

801 A.2d 868, 71 Conn. App. 246, 2002 Conn. App. LEXIS 398
CourtConnecticut Appellate Court
DecidedJuly 23, 2002
DocketAC 21171
StatusPublished
Cited by12 cases

This text of 801 A.2d 868 (State v. Montanez) 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. Montanez, 801 A.2d 868, 71 Conn. App. 246, 2002 Conn. App. LEXIS 398 (Colo. Ct. App. 2002).

Opinion

Opinion

FOTI, J.

The defendant, German Montanez, appeals from the judgment of conviction, rendered after a jury trial, of two counts of manslaughter in the first degree with a firearm as an accessory in violation of General Statutes §§ 53a-55a and 53a-8, and one count of assault in the first degree as an accessory in violation of General Statutes §§ 53a-59 (a) (5) and 53U-8.1 On appeal, the defendant claims that the court (1) failed to instruct the jury that if it found that the state had failed to disprove his claim of self-defense, it must find him not guilty, (2) improperly instructed the jury that accessory to manslaughter in the first degree with a firearm was a lesser offense included within the greater offense of murder, (3) failed to instruct the jury on the “subjective aspect of the retreat rule,” (4) denied his request for a mistrial and (5) refused to admit evidence of a victim’s prior conviction. In regard to the first issue raised by the defendant, we conclude that the court committed reversible error when it failed to instruct the jury that if it found that the state had failed to disprove the defendant’s claim of self-defense, it was bound to find the defendant not guilty. Accordingly, we reverse the judgment of the trial court and remand the case for a [249]*249new trial. We will address the other issues raised by the defendant insofar as they are likely to arise during the new trial.

The record supports the following summary of relevant facts. On the evening of August 14,1995, the defendant and his accomplice, Jorge Ramos, became involved in an altercation with several other men. The series of events, which occurred on or near School Street in Hartford, began as an exchange of verbal insults between, on the one hand, the defendant and Ramos and, on the other hand, David Arce, Angel Arce, Randy Medina, Robert Brown and Ricardo Gonzalez.

The disagreement apparently began when David Arce perceived that the defendant stared at him as David Arce crossed a street. Shortly thereafter, the defendant called to David Arce and asked him why he had been looking at him. David Arce told the defendant, “You don’t like me, just say so.” Ramos, who accompanied the defendant, suggested that David Arce fight with the defendant. A short while later, David Arce returned to the scene with his brother, Angel Arce, and others.

At one point during the incident, while standing in a nearby parking lot, Ramos brandished a gun. Ramos told Medina to tell Angel Arce to “chill out” or he would “take him down.” The verbal exchange between Ramos and the others continued for some time. Ultimately, Ramos pointed his gun at Angel Arce. Brown did not believe that Ramos had bullets in his gun; he told Ramos to go ahead and “pull the trigger.” Ramos did pull the trigger, but the gun did not fire. With his free hand, Ramos struck Angel Arce.

The defendant and Ramos walked from the parking lot and into a dxiveway that ran along a nearby building. Angel Arce continued to exchange words with Ramos, telling him to put down his gun and fight with him. David Arce, Blown and Medina followed Angel Arce. [250]*250Ramos once again displayed his gun, pointing it at the men who were following him. Near the end of the driveway, the defendant entered a door that led into a hallway to the adjacent apartment building. Seconds later, the defendant reemerged from the doorway, firing a gun. Ramos also began firing his gun. David Arce sustained a gunshot wound to his buttocks; both Angel Arce and Brown sustained fatal gunshot injuries. Both the defendant and Ramos jumped over a nearby fence and fled the scene. Additional facts will be set forth where necessary.

I

The dispositive issue in this appeal is whether the court improperly failed to instruct the jury that if it found that the state had failed to disprove the defendant’s claim of self-defense, it must find the defendant not guilty. We conclude that the court’s failure to so instruct the jury constituted reversible error.

In his brief, the defendant states that “[t]he only issue at trial was whether this was a planned shooting or if it was in self-defense.” At trial, the defendant attempted to demonstrate that Brown was the initial aggressor and that he was justified in his actions under a theory of self-defense. To that end, the defendant proffered evidence tending to show that Brown had a violent character and evidence to show that during the incident underlying this appeal, Brown held a gun to his head and threatened to kill him. The defendant also attempted to demonstrate that he struggled with Brown and ultimately took control of Brown’s gun.

The court instructed the jury as to the claim of self-defense.2 It properly instructed the jury that “when the [251]*251defense of justification is raised, the state has the burden of disproving such defense beyond a reasonable doubt.” The court then instructed the jury, at length, as to the circumstances under which a person is justified in the use of physical force in self-defense. The court read exceppts from General Statutes § 53a-19 and properly [252]*252explained the provisions set forth therein. The court concluded its specific instructions on the defense by reminding the jury that the defense applied to all six; counts of the information.

The defendant does not claim that the court failed to instruct the jury that the state carried the burden of disproving the defense. Instead, the defendant claims that the court’s instruction misled the jury as to the import of a finding that the state had failed to disprove the defense. In other words, the defendant claims that the court failed to instruct the jury that it must find the defendant not guilty if it found that the state had failed to disprove the defense. He argues that “the court never instructed that self-defense was a complete defense to any of the crimes charged and that the defendant must be found not guilty unless the state disproved the [claimed] justification.”3

“Due process requires that a defendant charged with a crime must be afforded the opportunity to establish a defense. . . . This fundamental constitutional right includes proper jury instructions on the elements of self-defense so that the jury may ascertain whether the state has met its burden of proving beyond a reasonable doubt that the assault was not justified. . . . [T]he standard of review to be applied to the defendant’s constitutional claim is whether it is reasonably possible that the jury was misled. . . . The charge is to be read [253]*253as a whole and individual instructions are not to be judged in artificial isolation from the overall charge. . . . The test to be applied to any part of a charge is whether the charge, considered as a whole, presents the case to the jury so that no injustice will result. . . . While the instructions need not be exhaustive, perfect or technically accurate, they must be correct in law, adapted to the issues and sufficient for the guidance of the jury.” (Internal quotation marks omitted.) State v. Rodriguez, 47 Conn. App. 91, 95, 702 A.2d 906 (1997), cert. denied, 243 Conn. 960, 705 A.2d 552 (1998).

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Cite This Page — Counsel Stack

Bluebook (online)
801 A.2d 868, 71 Conn. App. 246, 2002 Conn. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-montanez-connappct-2002.