State v. Morascini

772 A.2d 703, 62 Conn. App. 758, 2001 Conn. App. LEXIS 175
CourtConnecticut Appellate Court
DecidedApril 17, 2001
DocketAC 20240
StatusPublished
Cited by17 cases

This text of 772 A.2d 703 (State v. Morascini) 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. Morascini, 772 A.2d 703, 62 Conn. App. 758, 2001 Conn. App. LEXIS 175 (Colo. Ct. App. 2001).

Opinion

Opinion

LANDAU, J.

The defendant, Anthony Morascini, appeals from the judgment of conviction, rendered after a jury trial, of public indecency in violation of General Statutes § 53a-186 (a) (2)1 and breach of the peace in [760]*760violation of General Statutes § 53a-181 (a) (5).2 On appeal, the defendant claims that the court improperly (1) rendered judgment on an inconsistent verdict and (2) abused its discretion by allowing the state to cross-examine the defendant about specific facts concerning his prior convictions. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On September 15, 1998, the victim, Lorraine Liswell, was operating her vehicle in the westbound lanes of Interstate 84 near Vernon. She noticed a large, gray vehicle approach from behind. Liswell recognized the vehicle as one that had operated in a bothersome, erratic manner in the same area several days earlier. On this day, the vehicle again was being operated erratically. The vehicle changed lanes and sped in such a way as to make Liswell nervous. She believed that the operator, who was later identified as the defendant, was trying to get her attention. Liswell looked over and saw that the defendant was steering the vehicle with his left hand, his penis was exposed and he was masturbating with his right hand. Liswell tried to avoid the defendant but he countered her evasive maneuvers. Liswell got off the interstate at her usual exit and pulled into a commuter lot where she called the police. The defendant had preceded Liswell off the exit and into the commuter lot. Police officers responded to the scene, questioned Liswell and the defendant, and then arrested the defendant.

The defendant was charged with public indecency and breach of the peace. A jury found the defendant guilty of both charges, and this appeal followed. Other facts will be discussed where relevant.

[761]*761I

The defendant first claims that the court improperly rendered judgment on an inconsistent verdict. Specifically, the defendant claims that the mental states for the crimes of public indecency and breach of the peace are mutually exclusive, and, because both charges flow from the same act, the defendant cannot be convicted of both crimes. We disagree.

The following additional facts and procedural history are necessary for our resolution of the defendant’s claim. Both the public indecency and the breach of the peace charges stem from the defendant’s act of exposing his penis and masturbating in public. At the close of evidence, the defendant objected to the state’s request to allow the jury to consider both charges during its deliberation. The defendant argued that a conviction of public indecency required the jury to find that he acted intentionally, and a conviction of breach of the peace required the jury to find that he acted recklessly. Because the mental states for the crimes charged are mutually exclusive and because both charges concern the same act and the same victim, the defendant claimed that he could not be convicted of both crimes. The court concluded that the jury could properly consider and convict the defendant of both charges because, while both charges did concern the same act and the same victim, they concerned different results, and, therefore, the required mental states were not mutually exclusive.

Because the defendant’s claim involves a question of law, our review is plenary. See State v. Burnaka, 61 Conn. App. 45, 52, 762 A.2d 485 (2000). When reviewing a claim that a verdict is inconsistent as a matter of law, “we look carefully to determine whether the existence of the essential elements for one offense negates the existence of the essential elements for another offense [762]*762of which the defendant also stands convicted. If that is the case, the verdicts are legally inconsistent and cannot withstand challenge.” (Internal quotation marks omitted.) State v. Harris, 54 Conn. App. 18, 23-24, 734 A.2d 1027, cert, denied, 250 Conn. 925, 738 A.2d 660 (1999). Put more simply, we determine if there is a rational theory by which the jury could have found the defendant guilty of both crimes. See State v. King, 216 Conn. 585, 594, 583 A.2d 896 (1990).

“It is not inconsistent ... to find that a criminal defendant possesses two different mental states, as long as [the] different mental states relate to different results.” State v. Flynn, 14 Conn. App. 10, 27, 539 A.2d 1005, cert denied, 488 U.S. 891,109 S. Ct. 226,102 L. Ed. 2d 217 (1988). hxFlynn, the defendant was convicted of, inter alia, assault on a police officer, which requires intentional conduct, and reckless endangerment, which requires reckless conduct. Id., 12-13. The convictions resulted from an incident where the defendant, in a crowded bar, threw a beer bottle at several police officers. Id. On appeal, the defendant claimed that the verdict was inconsistent, as he could not have acted intentionally and recklessly with regard to the same factual circumstances. Id., 26. This court concluded that the verdict was not inconsistent because the mental states went to different results. Accordingly, the jury could have found that, by throwing the bottle at the police officers, the defendant acted intentionally with the conscious objective to prevent the officers from performing their duty, while at the same time, he acted recklessly with respect to the other patrons in the bar. Id., 27.

In the present case, we conclude that the verdict is not inconsistent because the jury could have found, given the facts and statutes at issue, that the defendant acted with two different mental states that related to different results. We look first to the language of the [763]*763statutes and then to the facts. The public indecency statute provides in relevant part that “ [a] person is guilty of public indecency when he performs any of the following acts in a public place ... (2) a lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person . . . .” (Emphasis added.) General Statutes § 53a-186 (a) (2). The jury reasonably could have found that the defendant intended to arouse or satisfy his sexual desire by masturbating as he operated his motor vehicle adjacent to Liswell’s vehicle on the highway. The breach of the peace statute provides in relevant part that “[a] person is guilty of breach of the peace when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he . . . (5) in a public place . . . makes an obscene gesture . . . .” (Emphasis added.) General Statutes § 53a-181 (a) (5). The information charged the defendant with acting recklessly. The jury reasonably could have found that the defendant acted recklessly when he masturbated next to Liswell’s motor vehicle and caused her inconvenience, annoyance or alarm. The verdict, therefore, is not inconsistent because the jury could have found that the defendant acted with two different mental states that related to two different results.3

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Cite This Page — Counsel Stack

Bluebook (online)
772 A.2d 703, 62 Conn. App. 758, 2001 Conn. App. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morascini-connappct-2001.