State v. Mozell

652 A.2d 1060, 36 Conn. App. 672, 1995 Conn. App. LEXIS 45
Connecticut Appellate Court·Decided January 31, 1995·No. 12394·Published·Cited by 10 cases

Opinion

Hennessy, J.

The defendant, Troy Mozell, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell in violation of General Statutes § 2 la-278 (b),1 and conspiracy to sell narcotics in violation of General Statutes § 53a-48.2 The defendant claims that the trial court improperly admitted into evidence a gun and testimony of a witness regarding the gun. Although we agree that the trial court improperly admitted the evidence, we conclude that the error was harmless.

The following facts are relevant to this appeal. In early March, 1991, the defendant and others were under surveillance by the New Haven police as suspected members of a drug ring. As a result of observations made and information obtained during this surveillance, search warrants were issued in early March for the residences of Millicent Parker and Nicole [674] Lowery. At Parker’s home, various items used in drug packaging were found, as well as a safe containing a large quantity of cocaine. At Lowery’s home, a .38 caliber handgun was found. On the basis of this evidence and the surveillance of the New Haven police, the defendant was arrested and charged with conspiracy to sell narcotics and possession of narcotics with intent to sell.

At trial, Everitt Thompson, a charged coconspirator, testified that in late February he had seen Ernest Williams, the suspected leader of the drug ring, carrying a gun. Lowery, also a charged coconspirator, testified that at the end of February, a week or more before the search warrant for her home was executed, Williams, who was her boyfriend, came to her apartment and gave her a gun. She further testified that at the time Williams brought the gun to her apartment he was accompanied by the defendant. The gun remained in Lowery’s apartment from the time Williams brought it there, in late February, until it was seized by the police pursuant to the search warrant executed on March 6, 1991.

At trial, over the defendant’s objection, the gun and Lowery’s testimony about the gun were admitted into evidence. At the conclusion of the trial, the jury rendered a verdict of guilty of both possession of narcotics with intent to sell and conspiracy to sell narcotics. This appeal followed.

The sole issue on appeal is whether the trial court properly admitted into evidence a gun possessed by a charged coconspirator and testimony of another charged coconspirator concerning the gun. The prosecution contends that evidence that a charged coconspirator possessed a gun, with the defendant’s knowledge, was relevant to show the defendant’s intent to participate in a conspiracy to sell drugs. The defendant [675] argues that because there was no evidence tying the seized gun to the alleged conspiracy, the gun and Lowery’s testimony concerning the gun were improperly admitted into evidence. We agree with the defendant.

As a matter of hornbook law, evidence of other crimes or bad acts is normally treated as inadmissible character evidence. See, e.g., 1 C. McCormick, Evidence (4th Ed. 1992) § 190. An exception to this general rule is that such evidence may be admissible to prove the existence of a larger plan, scheme or conspiracy of which the crime charged at trial is a part. Id., pp. 800-801. In applying this rule and its exception, our Supreme Court has held that evidence that a defendant possessed instruments or articles adapted to the commission of other crimes is inadmissible, unless such evidence tends to establish a fact in issue or to corroborate other direct evidence in the case. State v. Acklin, 171 Conn. 105, 114, 368 A.2d 212 (1976). We note, however, that our review of evidentiary claims is limited. “In determining whether there has been an abuse of discretion, every reasonable presumption should be given in favor of the correctness of the trial court’s ruling. . . . Reversal is required only where an abuse of discretion is manifest or where injustice appears to have been done.” (Citations omitted; internal quotation marks omitted.) State v. Coleman, 35 Conn. App. 279, 285, 646 A.2d 213, cert. denied, 231 Conn. 928, 648 A.2d 879 (1994).

Urging us to find that the trial court properly admitted into evidence the gun and Lowery’s testimony about the gun, the state calls our attention to a series of cases wherein illegal involvement in the drug trade invariably involves the presence of guns. The state argues that given a well established connection between guns and drugs, the introduction of the gun and testimony about the gun in this case help to prove the defendant’s participation in a conspiracy to distribute drugs. We do not agree.

[676] Connecticut courts have repeatedly noted that “[tjhere is a well established correlation between drug dealing and firearms.” State v. Cooper, 227 Conn. 417, 426 n.5, 630 A.2d 1043 (1993); see also State v. Carter, 228 Conn. 412, 424 n.15, 636 A.2d 821 (1994); State v. Delossantos, 211 Conn. 258, 281, 559 A.2d 164, cert. denied, 493 U.S. 866, 110 S. Ct. 188, 107 L. Ed. 2d 142 (1989); State v. Lee, 30 Conn. App. 470, 489, 620 A.2d 1303, aff’d, 229 Conn. 60, 640 A.2d 553 (1993). Contrary to the state’s suggestion, these cases do not mandate the admissibility of the challenged evidence in this case. In each of these cases, guns, or testimony about the presence of guns, was relevant and material for reasons other than a “well established correlation between drug dealing and firearms.”

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Mozell, 652 A.2d 1060, 36 Conn. App. 672, 1995 Conn. App. LEXIS 45 (Colo. Ct. App. 1995).

652 A.2d 1060 (State v. Mozell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Maner
83 A.3d 1182 (Connecticut Appellate Court, 2014)
State v. Gonzalez
41 A.3d 340 (Connecticut Appellate Court, 2012)
Mozell v. Commissioner of Correction
867 A.2d 51 (Connecticut Appellate Court, 2005)
State v. Collins
793 A.2d 1160 (Connecticut Appellate Court, 2002)
State v. Sivri
700 A.2d 96 (Connecticut Appellate Court, 1997)
State v. Hilton
694 A.2d 830 (Connecticut Appellate Court, 1997)
State v. Coleman
679 A.2d 950 (Connecticut Appellate Court, 1996)
State v. Pickering
662 A.2d 804 (Connecticut Appellate Court, 1995)
State v. Ball, No. Cr 18 74479 (Aug. 27, 1992)
1992 Conn. Super. Ct. 8115 (Connecticut Superior Court, 1992)