State v. Synakorn

685 A.2d 1123, 239 Conn. 427, 1996 Conn. LEXIS 459
CourtSupreme Court of Connecticut
DecidedDecember 10, 1996
Docket15265
StatusPublished
Cited by13 cases

This text of 685 A.2d 1123 (State v. Synakorn) 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. Synakorn, 685 A.2d 1123, 239 Conn. 427, 1996 Conn. LEXIS 459 (Colo. 1996).

Opinion

KATZ, J.

The defendant, Boone Synakorn, was found guilty by a jury of the crimes of possession with intent to sell at least one-half gram of cocaine in free-base form in violation of General Statutes § 21a-278 (a),1 possession of marijuana with intent to sell in violation of General Statutes § 21a-277 (b)2 and possession of [429]*429cocaine with intent to sell within 1000 feet of a public school in violation of General Statutes (Rev. to 1991) § 21a-278a (b).3 The defendant appeals from the judgment of conviction directly to this court in accordance with General Statutes § 51-199 (b) (3). The defendant claims that: (1) § 21a-278 (a) violates the equal protection provisions of the state and federal constitutions and, therefore, his conviction of that offense should have been set aside; and (2) there was insufficient evidence to support his conviction of possession of marijuana with intent to sell. We are not persuaded by either claim.

The jury reasonably could have found the following facts. Pursuant to a search warrant, on February 21, 1992, state and local law enforcement officials executed a search of an apartment in Bridgeport that the defendant shared with Mary Dudac and Sean Lay.4 During the course of that search, the police seized a black duffel bag and a paper bag from a living room closet. Inside [430]*430these bags police found 6002 vials containing a substance that appeared to be crack cocaine. The contents of two of the vials were field-tested and showed a positive reaction for cocaine. The total weight of the contents of all the vials was 443.21 grams, or approximately 14.223 ounces.5 Subsequently, fifteen of the 6002 vials were tested at the Connecticut department of health and addiction services. The contents were found to weigh a total of 1.07 grams, 0.92 grams of which was pure cocaine.6 The evidence officer who participated in the search, Detective Esther Ramos of the Bridgeport police department, testified that the cocaine was packaged in the vials for street sale.

While searching the kitchen cabinets, a police officer found a metal tin that contained a plastic bag filled with a plant-like substance. Another, larger, plastic bag found with the tin contained twenty-five small “zip-lock” bags containing a plant-like substance that appeared to be marijuana. The total weight of the zip-lock bags was 658 grams. Ramos conducted two field tests on the plant-like substance found in the kitchen, one at the apartment and the other at the police station. Both tests evidenced a positive reaction for marijuana. Ramos further testified that the marijuana had been packaged for street sale. A search of Dudac’s clothing revealed additional marijuana. Although none of the marijuana itself was offered as evidence at trial,7 photographs of the tin container, the plastic bags and the plant-like material were presented as evidence by the state and testified to by Ramos.

The defendant’s two housemates provided the police with statements that the black duffel bag belonged to [431]*431the defendant. Additionally, Dudac testified at trial that she had seen the defendant place the duffel bag in the closet where it was later found by the police.

Following his conviction of the three crimes with which he was charged, the defendant moved for a new trial pursuant to Practice Book § 9028 claiming, inter alia, that § 21a-278 (a) violates the state and federal equal protection and due process clauses because there is no rational basis for providing the same penalty for possession of one-half gram of free-base, or crack, cocaine as for possession of one ounce of powder cocaine. The trial court initially concluded that it lacked authority to rule on the defendant’s motion but, at the defendant’s insistence, allowed him to make an offer of proof in order to establish a record for appeal. The defendant offered the testimony of John Paul Morgan, a professor of pharmacology at the City University of New York Medical School. Morgan testified as to the differences, both physical and chemical, between cocaine in powder form and free-base cocaine.9 He stated that the essential difference between free-base and powder cocaine is that free-base cocaine volatilizes [432]*432at a much lower temperature than does powder and thus may be smoked. When asked about the different effects the various forms of cocaine might have on the human body, he replied that there was no essential difference but that any apparent difference in effect would be due to how the cocaine was “delivered.” According to Morgan, cocaine that is injected or smoked has a more immediate effect than that which is inhaled or ingested. Consequently, a smaller dose may be more effective if injected or smoked than a larger dose that is snorted. In other words, a cocaine user who smoked the drug rather than snorted it could achieve a more rapid “high” from a smaller, less expensive dose. Morgan suggested that this economic difference was a substantial factor in the popularity of cocaine in free-base form. He further stated that, in his opinion, there was no difference between the powder and free-base forms of cocaine in terms of their overall effect on the body and that the dangers associated with the use of either form were equivalent.

Following the defendant’s offer of proof, the trial court stated that the defendant did not appear to have met his burden of proving the unconstitutionality of the statute beyond a reasonable doubt. Because, however, the issue had not been properly preserved, the trial court declined to rule on the constitutionality of the statute. This appeal followed. Further facts will be provided as warranted.

I

The defendant’s first claim is that the trial court improperly failed to set aside the judgment of conviction under § 2 la-278 (a) because that statute violates his equal protection rights under the state and federal constitutions. Specifically, he claims that there is no rational basis for the disparate sentencing provisions [433]*433of § 21a-278 (a), which provides the same penalty for possession with intent to sell one-half gram of cocaine in free-base form as it does for possession with intent to sell one ounce or more of powder cocaine. In response, the state argues that: (1) this court should decline to decide the constitutional issue because it was improperly raised posttrial by way of a motion for a new trial pursuant to Practice Book § 902; (2) this court should refrain from deciding the constitutional issue because the defendant possessed more than 400 grams of crack cocaine, well over one ounce; and (3) if it does reach the merits, this court should uphold the constitutionality of § 2 la-278 (a) by following the overwhelming number of federal courts that have found a rational basis for federal legislation that provides disparate sentencing similar to that provided by § 2 la-278 (a).10 We agree with the state that the defendant’s failure to raise this issue prior to trial deprived him of the opportunity to raise the claim in posttrial proceedings.

The disposition of the defendant’s constitutional claim is controlled by Practice Book §§ 810,815 and 902.

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Bluebook (online)
685 A.2d 1123, 239 Conn. 427, 1996 Conn. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-synakorn-conn-1996.