State v. Oliveras

557 A.2d 534, 210 Conn. 751, 1989 Conn. LEXIS 106
CourtSupreme Court of Connecticut
DecidedApril 18, 1989
Docket13282
StatusPublished
Cited by26 cases

This text of 557 A.2d 534 (State v. Oliveras) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Oliveras, 557 A.2d 534, 210 Conn. 751, 1989 Conn. LEXIS 106 (Colo. 1989).

Opinion

Shea, J.

After a jury trial the defendant, Bias Oliveras, was convicted of felony murder in violation of General Statutes § 53a-54c.1 In this appeal he claims [753]*753that the trial court erred in: (1) denying his motions for acquittal at the close of the state’s case-in-chief and at the close of all the evidence; (2) instructing the jury on the effect of certain statements of the defendant introduced as admissions; and (3) refusing to declare a mistrial because of alleged prosecutorial misconduct in attempting to bring inadmissible evidence before the jury. We find no error.

From the evidence presented the jury could reasonably have found the following facts. On March 11,1986, Robert Chrisman, who was twenty-two years old, left his apartment on Cherry Street in Waterbury at about 7:45 p.m. to go to a convenience store one block away. His fiancee, with whom he occupied the apartment, had given him two dollars to purchase cigarettes at the store. He was wearing a blue coat, jeans and a T-shirt at the time.

At about 7:52 p.m., several Waterbury policemen were dispatched to the scene of a stabbing on Cherry Street. Upon arrival they discovered a body, later identified as Chrisman’s, lying face up on the ground, with two stab wounds in the chest. The body was removed from the scene by ambulance.An autopsy performed the next day disclosed that Chrisman had died from the two stab wounds in his chest, which had penetrated his heart and left lung. Found at the scene were a black Kangol hat, a cigarette case containing a pack of New[754]*754port cigarettes, a cigarette lighter, a blue coat, and a trail of blood extending from the area of the body for a distance of thirty to fifty feet.

Chrisman’s fiancee had been talking on the telephone when she observed from the apartment window the flashing lights of the police cars that had arrived. She went outside where a group of people had gathered and then she noticed the blue coat on the ground, the victim’s body having been removed before her arrival. Later she identified Chrisman’s body.

The cigarette case, cigarettes and lighter found on the sidewalk near the victim’s body were later identified as belonging to Jose Quintana. The hat, similar to the one the defendant customarily wore, contained hairs like those in the hair sample taken from the defendant.

Later that same evening, B, a woman who was a friend of Quintana, received a telephone call from him, in which he mentioned that there had been trouble on Cherry Street and he asked her to call the hospital to inquire about the condition of a white male with blonde hair, a description corresponding to that of Chrisman. She refused to make the call. In another telephone conversation the next day, B asked Quintana about the stabbing incident on Cherry Street that she had heard of in a news broadcast. Quintana replied that he had been “hanging around” on Cherry Street with the defendant. He told B that the victim had started a fight with him and that he had stabbed the victim in self-defense.2

Later in the week following the murder, Quintana had a conversation with Gregorio Hernandez who testified for the state. Quintana told Hernandez that he [755]*755and the defendant had committed the murder on Cherry Street. They had waited outside the store for the victim. When the victim refused to give them his money, they punched him and then Quintana stabbed him.3

Hernandez conversed with the defendant later on the day of his conversation with Quintana. After Hernandez asked the defendant about the murder on Cherry Street, the defendant responded that he and Quintana had committed that crime. He said that he and Quintana had wanted money so that they could “get high.” When the victim refused to give them money, they both punched him. The defendant then gave Quintana a knife, which he used to stab the victim.

I

The defendant’s claim that his motions for a judgment of acquittal should have been granted for insufficiency of the evidence presupposes that the testimony of Hernandez concerning the defendant’s account of the circumstances of the attempted robbery and murder cannot be relied upon in determining whether there was sufficient evidence to support the verdict of guilty. Although no objection was raised to the admissibility of his statements to Hernandez, the defendant contends that this testimony must be disregarded because of the rule that a confession cannot stand alone, but must be accompanied by other sufficient evidence of the corpus delicti. State v. Ruth, 181 Conn. 187, 198, 435 A.2d 3 (1980).

[756]*756In arguing his motions for acquittal, the defendant never mentioned the corpus delicti rule or its underlying principles, but contended only that Hernandez’ testimony could not be relied upon because of the many inconsistent statements that he had allegedly made. This court does not ordinarily review claims not raised in the trial court. Practice Book § 4185. Recognizing this barrier to review, the defendant maintains that the corpus delicti rule has constitutional import in that it implicates the state’s burden to prove guilt beyond a reasonable doubt. On that basis he claims that the issue is reviewable under the exception established in State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), “where the record adequately supports a claim that a litigant has clearly been deprived of a fundamental constitutional right and a fair trial.”

In State v. Uretek, Inc., 207 Conn. 706, 713, 543 A.2d 709 (1988), we summarily rejected a claim that the lack of extrinsic corroboration of an admission that was vital to proving an element of the offense implicated a fundamental constitutional right and, therefore, concluded that such a claim did not qualify for review under Evans. The defendant relies upon a similar expansive version of the corpus delicti rule in seeking review of his contention that his statements to Hernandez indicating an attempt to rob the victim were the only evidence of the underlying felony essential to support a conviction of felony murder. In State v. Tillman, 152 Conn. 15, 20, 202 A.2d 494 (1964), this court abandoned our previous definition of the corpus delicti “as meaning the fact that the crime charged was committed by someone.” We adopted the definition that “the corpus delicti consists of the occurrence of the specific kind of loss or injury embraced in the crime charged.” Id. “Under it, in a homicide case, the corpus delicti is the fact of the death, whether or not feloniously caused, of the person whom the accused is charged with hav[757]*757ing killed or murdered.” Id. In State v. Ruth, supra, we applied this definition in a felony murder case, like the present one, where the underlying felony was a robbery. We concluded that the corpus delicti rule was satisfied simply by the ample evidence of the victim’s death and, therefore, the defendant’s confession could be used to prove the other elements of the crime.

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Cite This Page — Counsel Stack

Bluebook (online)
557 A.2d 534, 210 Conn. 751, 1989 Conn. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oliveras-conn-1989.