State v. Salaman

905 A.2d 739, 97 Conn. App. 670, 2006 Conn. App. LEXIS 429
CourtConnecticut Appellate Court
DecidedSeptember 26, 2006
DocketAC 25999
StatusPublished
Cited by14 cases

This text of 905 A.2d 739 (State v. Salaman) 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. Salaman, 905 A.2d 739, 97 Conn. App. 670, 2006 Conn. App. LEXIS 429 (Colo. Ct. App. 2006).

Opinion

Opinion

DiPENTIMA, J.

The defendant, Luis A. Salaman, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2)1 and 53a-59 (a) (5),2 and carrying a pistol or revolver [672]*672without a permit in violation of General Statutes § 29-35.3 On appeal, the defendant claims that insufficient evidence was presented to sustain the verdict. We disagree and affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On August 30, 2003, at approximately 2:30 a.m., the victim, Cesar Reynoso, was driving on Pearl Street in New Haven, a one-way street, when he noticed a dark colored, four door Cadillac coming toward him in the wrong direction. The victim saw that there were two people inside the Cadillac. As the Cadillac passed him, the victim called out, “one way.” The passenger in the Cadillac pulled out a dark pistol and fired one gunshot at the ground, and the Cadillac sped off. The victim reversed his vehicle and began to follow the Cadillac, which turned onto Atwater Street. The victim heard two or three more gunshots, one of which hit the hood of his car, ricocheted and damaged his windshield. He also saw flashes of light coming from the passenger side of the Cadillac. At that point, the victim drove home and telephoned the police.

Meanwhile, at approximately 2:30 a.m. on August 30, 2003, Edwin DeJesus and Michael Ortiz, officers with the New Haven police department, were situated at the intersection of Peck and Rowe Streets when they heard gunshots coming from Atwater Street and saw people running in different directions. A minute or two later, a dark, four door vehicle approached them from the vicinity of Atwater Street. As the vehicle passed the police cruiser, the driver turned off its lights and sped through the intersection. DeJesus activated the overhead lights and siren on the police cruiser and began to pursue the vehicle. A high speed chase on Interstate [673]*67391 ensued, during which the officers were informed over the police radio that there had been 911 calls about gunshots on Atwater Street. The vehicle finally was brought to a halt by stop sticks that had been deployed by the Middletown police.4 There were two people inside the vehicle. DeJesus pulled the defendant out of the passenger seat of the vehicle and restrained him. Although a subsequent search of the defendant did not uncover any weapons, two shell casings later were found in the doorjamb of the passenger side of the car from which the defendant had been removed. These casings matched a shell casing that Jose Miranda, an officer with the New Haven police department, had recovered from Atwater Street shortly after the shooting.

After the defendant was arrested, he was taken to the police station in New Haven. The victim was there, and he indicated that the defendant looked familiar. He also made a positive identification of the car in which the defendant had been riding as a passenger. Additional facts will be set forth as necessaiy.

On appeal, the defendant claims that there was insufficient evidence to support the verdict of guilty on the char ges of attempt to commit assault in the first degree and carrying a pistol or revolver without a permit. The defendant failed to preserve this claim at trial and seeks review under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). “We have stated . . . that [a]ny defendant found guilty on the basis of insufficient evidence has been deprived of a constitutional right, and would therefore necessarily meet the four prongs of Golding. Accordingly, we conclude that no practical [674]*674reason exists to engage in a Golding analysis of a sufficiency of the evidence claim and, thus, review the challenge as we do any other properly preserved claim.” (Internal quotation marks omitted.) State v. Brown, 90 Conn. App. 835, 838, 879 A.2d 466, cert. denied, 276 Conn. 901, 884 A.2d 1026 (2005).

“In reviewing a sufficiency [of the evidence] claim, we apply a two part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Ramirez, 94 Conn. App. 812, 821, 894 A.2d 1032, cert. denied, 278 Conn. 915, 899 A.2d 621 (2006). “This court cannot substitute its own judgment for that of the jury if there is sufficient evidence to support the jury’s verdict. ... In conducting our review, we are mindful that the finding of facts, the gauging of witness credibility and the choosing among competing inferences are functions within the exclusive province of the jury, and, therefore, we must afford those determinations great deference.” (Citation omitted; internal quotation marks omitted.) State v. Morocho, 93 Conn. App. 205, 210, 888 A.2d 164, cert. denied, 277 Conn. 915, 895 A.2d 792 (2006). Additionally, “the probative force of the evidence is not diminished where the evidence, in whole or in part, is circumstantial rather than direct.” (Internal quotation marks omitted.) State v. Dell, 95 Conn. App. 24, 27, 894 A.2d 1044, cert. denied, 278 Conn. 919, 901 A.2d 44 (2006).

I

The defendant claims that the evidence against him on the charge of attempt to commit assault in the first degree was insufficient to support the verdict of guilty [675]*675on two grounds: (1) there was insufficient evidence to prove his identity as the shooter, and (2) there was insufficient evidence to prove that he had the requisite intent for assault in the first degree, i.e., the intent to cause physical injury to another person by discharging his firearm. See General Statutes § 53a-59 (a) (5). We consider these two claims separately and in turn.

A

The defendant claims that there was insufficient evidence to prove beyond a reasonable doubt his identity as the shooter because the victim was not able to identify him positively as the shooter. He also claims that DeJesus and Ortiz testified that the gunshots were fired from different locations, making any identification of the vehicle they pursued as the same vehicle from which the gunshots were fired contradictory at best. We disagree with the defendant that his view of the evidence, even taken as trae, renders the evidence against him insufficient as a matter of law.

The following additional facts are necessary for our disposition of the defendant’s claim. The victim was unable to identify the defendant as the shooter on the basis of a “show-up” at the police station. He was, however, able to identify the vehicle in which the defendant was apprehended as the vehicle from which the gunshots were fired at him.

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Bluebook (online)
905 A.2d 739, 97 Conn. App. 670, 2006 Conn. App. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-salaman-connappct-2006.