State v. Moore

581 A.2d 1071, 23 Conn. App. 479, 1990 Conn. App. LEXIS 379
CourtConnecticut Appellate Court
DecidedNovember 6, 1990
Docket8507
StatusPublished
Cited by13 cases

This text of 581 A.2d 1071 (State v. Moore) 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. Moore, 581 A.2d 1071, 23 Conn. App. 479, 1990 Conn. App. LEXIS 379 (Colo. Ct. App. 1990).

Opinion

Cretella, J.

The defendant appeals from a judgment of conviction, rendered after a jury trial, of the crime of interfering with an officer in violation of General Statutes § 53a-167a. The defendant claims that the trial court (1) improperly instructed the jury on the element of intent, (2) improperly restricted her cross-examination of two of the state’s witnesses, and (3) did not correctly state the law on the lesser included offense. We agree that the trial court improperly instructed the jury and remand for a new trial. Because the second issue raised by the defendant is likely to arise again at the new trial, we will address it also.

At approximately 11:45 p.m. on July 13,1988, Officers Joseph LeRose and Anthony Maher of the Dan-bury police department were dispatched to the Beaver Street housing development in response to a domestic dispute. When the officers arrived at the scene, a group of bystanders pointed to the defendant’s brother, Kevin Moore, and told the officers, “There he is. Get him.” The officers asked Moore to stop, but he ignored them and attempted to walk between them. LeRose put out his hand in an attempt to stop Moore and a struggle ensued.

The officers wrestled Moore to the ground and LeRose attempted to place handcuffs on him. At this time, the defendant began to yell, “Leave him alone. [481]*481He didn’t do anything wrong.” In an attempt to assist her brother, the defendant put her arm around LeRose’s neck from behind and pulled him backward, twisting his head and neck. LeRose was able to free himself from the choke hold, but, as he attempted to handcuff the suspect and resume his duties, the defendant took the handcuffs from the officer’s hands.

LeRose and Maher radioed police headquarters for assistance. A short time after their call, Sergeant William Barlow arrived on the scene. Barlow asked the defendant to release LeRose from her renewed grasp, but she refused. Barlow then forcibly removed LeRose from her grip. The defendant’s brother was carried to a police cruiser and taken away.

I

The defendant claims that the trial court’s instructions to the jury on the element of intent required for a conviction of interfering with an officer violated her constitutional rights by relieving the state of its burden of proving the requisite specific intent in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S. Ct. 2450, 61 L. Ed. 2d 39 (1979). We agree.

In its general instructions to the jury on intent, the trial court stated: “A person’s intent may be inferred from his comments and actions. A person is deemed to intend the natural consequence of his or her acts. It is often impossible and never necessary — never necessary to prove criminal intent by direct evidence. Ordinarily intent can be proved only by circumstantial evidence. Now, I’ll get into circumstantial evidence right after intent. What a person’s intent or intentions were is necessarily very much a matter of inference. No person can be expected to come in here and testify that he looked into another person’s mind and saw therein a certain purpose or intent. The only way you [482]*482can determine what the defendant’s purpose or intent was, aside from her own testimony as it relates to intent, is by determining what the circumstances were surrounding that conduct. And from those circumstances infer, what her purpose or intent was. To draw such an inference, is not only your privilege but it is also your duty.”

The defendant objected to these instructions as violative of Sandstrom and requested that the jury be recharged on intent. The court obliged, but in its effort to clarify the previous instructions it told the jury that its prior instructions “that a person is deemed to intend the natural consequences of his or her acts . . . is generally a true proposition of law.”

The defendant asserts that the original instruction on intent shifted the burden of proof to her, thereby relieving the state of its burden of proving the essential element of intent beyond a reasonable doubt. The defendant also asserts that the court’s reinstruction on intent failed to clarify the improper instructions in the jurors’ minds. The state claims that when the jury instructions are taken as a whole, the charge allowed the jury to interpret the court’s instruction in a constitutional manner.

Although the defendant objected to the initial jury charge on intent, she did not object to the court’s second charge. In addition, she has failed to make a claim under the bypass rule of State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), and State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). As a preliminary matter, therefore, we must decide whether this claim is reviewable.

This court may, in the interest of justice, notice plain error that was not brought to the attention of the trial court. Practice Book § 4185. Where, as here, the rec[483]*483ord accurately reflects that the burden of proving an essential element of the crime charged was shifted to the defendant, it is in the interest of justice that we review the claim under the plain error doctrine.

“The United States Supreme Court in Sandstrom v. Montana, supra, 517, 524, held that a jury instruction which stated that ‘[t]he law presumes that a person intends the ordinary consequences of [her] voluntary acts’ may have been interpreted by the jury ‘as constituting either a burden-shifting presumption . . . or a conclusive presumption . . . .’ ‘[Ejither interpretation would have deprived [the] defendant of [her] right to the due process of law” and was therefore unconstitutional. Sandstrom v. Montana, supra, 524.” State v. Fernandez, 198 Conn. 1, 19-20, 501 A.2d 1195 (1985). It is firmly established that the state bears the burden of proving each essential element of the crime charged beyond a reasonable doubt. In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970). A specific intent to interfere with the performance of an officer’s duties is an essential element of § 53a-167a and as such must be proved beyond a reasonable doubt. State v. Beckenbach, 1 Conn. App. 669, 679-80, 476 A.2d 591 (1984), rev’d, 198 Conn. 43, 501 A.2d 752 (1985).

An instruction such as the one given in this case is indistinguishable from the instruction given in Sandstrom in that it shifted the burden of proof to the defendant to prove that she did not have the required state of mind or intent and, consequently, denied her the presumption of innocence and due process of the law. State v. Fernandez, supra, 21. In addition, any effort to correct the instructions was negated by the trial court when it told the jury that its earlier incorrect statement was “generally a true proposition of law.”

[484]*484II

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Bluebook (online)
581 A.2d 1071, 23 Conn. App. 479, 1990 Conn. App. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-connappct-1990.