State v. Porter

182 A.3d 625, 328 Conn. 648
CourtSupreme Court of Connecticut
DecidedMay 1, 2018
DocketSC 19818
StatusPublished
Cited by15 cases

This text of 182 A.3d 625 (State v. Porter) 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. Porter, 182 A.3d 625, 328 Conn. 648 (Colo. 2018).

Opinion

KAHN, J.

**650The sole question presented in this appeal is whether a court may look to the evidence presented at trial when determining if a defendant's conviction violated the constitutional prohibition against double jeopardy. The defendant, Kenneth Porter, appeals1 from the judgment of the Appellate Court affirming his judgment of conviction, following a jury trial, of assault of public safety personnel in violation of General Statutes § 53a-167c (a) (1) and interfering with an officer in violation of General Statutes § 53a-167a.2 State v. Porter , 167 Conn. App. 281, 283-84, 142 A.3d 1216 (2016). The defendant claims that the Appellate *627Court could review only the charging documents when determining whether his conviction of both charges violated the prohibition on double jeopardy and that it improperly looked to the evidence presented at trial to make that **651determination. The state counters that State v. Schovanec , 326 Conn. 310, 163 A.3d 581 (2017), permits the review of evidence in double jeopardy analysis for the limited purpose of deciding whether the offenses stem from the same act or transaction, and that it was proper for the Appellate Court to consider evidence in that analysis. We agree with the state that the Appellate Court properly considered the evidence presented at trial and, accordingly, affirm its judgment.

The Appellate Court set forth the following facts. "On May 24, 2010, Brian Donnelly, a patrol officer with the Yale Police Department, heard a police broadcast regarding a domestic dispute involving the defendant. Donnelly responded by proceeding to Winchester Avenue [in New Haven], where he spotted a vehicle matching the broadcast description of the defendant's vehicle. Donnelly followed the vehicle, which in fact belonged to the defendant. After Officer Lester Blazejowski arrived in support, Donnelly stopped in front of the defendant's vehicle at the intersection of Ashmun and Grove Streets. Donnelly and Blazejowski exited their cruisers, approached the defendant's vehicle, and ordered the defendant to put his vehicle in park and to show his hands. The defendant refused to comply and, instead, reached toward the passenger side of the vehicle and then inside his pants. Donnelly thought the defendant was attempting to retrieve a weapon. He ordered the defendant to show his hands, but, instead, the defendant again reached over to the passenger side of the vehicle and then inside his pants.

"Blazejowski opened the driver's side door and attempted to remove the defendant from his vehicle, but he resisted. Donnelly also tried to remove the defendant from his vehicle, but the defendant resisted and continued to reach for the waistband of his pants and elsewhere in the vehicle. Donnelly finally was able to remove the defendant from the vehicle. While the officers **652were trying to handcuff the defendant, the defendant tried to kick Donnelly and attempted to stab him with a screwdriver. A struggle ensued during which the officers attempted to handcuff the defendant, who swung his hands, kicked his feet, and fought 'wildly.' Donnelly incurred scrapes and cuts that resulted in pain and 'swelling.' At some point during the struggle, the defendant removed a bag of marijuana from his pants and put it in his mouth. After having been subdued with pepper spray, the defendant spit out the marijuana. Eventually, the defendant was handcuffed and formally arrested." (Footnote omitted.) State v. Porter , supra, 167 Conn. App. at 284-85, 142 A.3d 1216.

Relevant to this appeal, the amended information charged the defendant in the first count with assault of public safety personnel, and provided that "the defendant ... with the intent to prevent [Donnelly] from performing his duties ... and while [Donnelly] was acting in the performance of his duties ... caused physical injury to [Donnelly] in violation of [ § 53a-167c (a) (1) ] ...." It charged the defendant in the seventh count with interfering with an officer in violation of § 53a-167a, and provided that "the defendant ... obstructed, resisted, hindered and endangered [Donnelly], while in the performance of [his] duties ...." The information alleged that both offenses occurred "on May 24, 2010, at or around 7:23 p.m., at or near Ashmun Street, in the city of New Haven ...." "No bill of particulars was filed *628...." State v. Porter , supra, 167 Conn. App. at 288, 142 A.3d 1216.

The Appellate Court additionally set forth the following relevant procedural history. "Following a trial to a jury, the defendant was convicted of two counts of assault of public safety personnel, [one count of] possession of a narcotic substance ... and [one count of] interfering with an officer. The defendant was sentenced on each of the assault convictions to ten years **653incarceration, execution suspended after seven years; the sentences were to run consecutively. The defendant's one year sentence on count seven, interfering with an officer, and five year sentence on count five, possession of a narcotic substance, were ordered to run concurrently with each other and with the assault sentences. The defendant's total effective sentence was, thus, twenty years incarceration, execution suspended after fourteen years and five years of probation." State v. Porter , supra, 167 Conn. App. at 285, 142 A.3d 1216.

In his appeal to the Appellate Court, the defendant claimed a double jeopardy violation for his conviction of both assault of public safety personnel and interfering with an officer.

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Bluebook (online)
182 A.3d 625, 328 Conn. 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-porter-conn-2018.