State v. Taylor

492 A.2d 155, 196 Conn. 225, 1985 Conn. LEXIS 755
CourtSupreme Court of Connecticut
DecidedMay 14, 1985
Docket11142
StatusPublished
Cited by32 cases

This text of 492 A.2d 155 (State v. Taylor) 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. Taylor, 492 A.2d 155, 196 Conn. 225, 1985 Conn. LEXIS 755 (Colo. 1985).

Opinion

Santaniello, J.

The defendant, Lawrence A. Taylor, was charged by substitute information with one count each of burglary in the first degree, General Statutes §§ 53a-101 (a) (1) and SSa-S,1 and larceny in the first degree, General Statutes §§ 53a-119 and [227]*22753a-122 (a) (2). 2 He was convicted by a jury of six at a trial before Callahan, J. On appeal the defendant claims the trial court erred (1) in denying his motion to set aside the verdict and (2) in failing properly to instruct the jury. We find no error.

From the evidence presented at trial the jury could have reasonably found the following facts: On the morning of May 24,1979, two black males entered the Trumbull home of Joan and Bill Melhorn. At the time, only the Melhorns’ daughter, Susan, was in the house, although Joan Melhorn arrived shortly thereafter. The two men, one of whom was later identified as the defendant, took a number of items from the home, and, in addition, ordered Mrs. Melhorn to turn over her pocketbook and several pieces of jewelry she was wearing.

Although Mrs. Melhorn and her daughter spent much of the time during the robbery lying face down on the floor, both women did have the opportunity to view each man for several minutes while leading them to valuables located in various rooms within the house. Approximately three months after the incident both women separately selected the defendant’s picture out [228]*228of a photo array shown to them by the police. These identifications led to a search of the defendant’s apartment, and his subsequent arrest for burglary and larceny. After the jury returned a finding of guilty, the defendant filed a motion to set aside the verdict.3

I

The defendant assigns, as his first claim of error, the trial court’s denial of this motion. By substitute information the state charged the defendant with “larceny of the personal property of one Joan Melhorn . . . . ” The state is required to prove, as an element of first degree larceny, that “the value of the property or service [taken] exceeds two thousand dollars.” General Statutes (Rev. to 1979) § 53a-122 (a) (2). It is the defendant’s contention that, based on the information and applicable statutes, the state must prove the property taken from Joan Melhorn in particular was worth over $2000. He claims that because the state introduced only a modicum of evidence as to the total value of the stolen property, and wholly failed to distinguish between the value of property owned by Mrs. Melhorn and the remainder of the items taken, which may have belonged to other members of the family, there was no evidence presented that the property taken from Mrs. Melhorn exceeded $2000.

According to the evidence the following items were taken from the Melhorn home: a wrist watch, an amethyst pendant, a bracelet, a portion of a sterling silver tea service, a portion of a set of silver flatware, a movie camera, a pair of binoculars, several guns, a television set, and approximately fifty dollars in cash. In addition, Mrs. Melhorn’s pocketbook, opal ring, engagement ring, and wedding band were taken from her shortly after she arrived home. At trial, Mrs. Melhorn [229]*229stated that she had determined the value of the lost property to be $16,000. She further testified that she received $3962 in insurance compensation, which represented the depreciated value of the items stolen, excluding the silver, which was replaced in kind. The defendant claims that because the state failed to prorate the $3962 figure between Mrs. Melhorn’s property, and property owned by the other family members, it presented no evidence on which the jury could have concluded that Mrs. Melhorn’s property was worth over $2000. We disagree.

In a prosecution for larceny, “value means the market value of the property ... at the time and place of the crime or, if such cannot be satisfactorily ascertained, the cost of replacement of the property or services within a reasonable time after the crime. . . .” General Statutes § 53a-121 (a) (1); see State v. Cochran, 191 Conn. 180, 190, 463 A.2d 618 (1983); State v. Scielzo, 190 Conn. 191, 201-202, 460 A.2d 951 (1983). The victim’s opinion as to the value of the property stolen was properly put before the jury; see State v. Gabriel, 192 Conn. 405, 424, 473 A.2d 300 (1984); State v. Baker, 182 Conn. 52, 60-61, 437 A.2d 843 (1980); as was the evidence submitted of insurance proceeds received. See United States v. Ricketson, 498 F.2d 367, 373 (7th Cir. 1974); State v. Gyuro, 156 Conn. 391, 398, 242 A.2d 734, cert. denied, 393 U.S. 937, 89 S. Ct. 301, 21 L. Ed. 2d 274 (1968); State v. White, 37 Conn. Sup. 796, 800, 437 A.2d 145 (1981). The victim’s actual ownership of the property, in the technical sense, need not be proven. All that must be shown is that the owner “has a right to possession superior to that of [the] taker, obtainer or withholder. ...” General Statutes § 53a-118 (a) (5).

Mrs. Melhorn was, in fact, the actual owner of several of the stolen items, including the wrist watch, amethyst pendant, bracelet, opal ring, engagement ring, [230]*230and wedding band. As to the other items taken, including the family silver, a movie camera, binoculars, guns, a television set, and cash, Mrs. Melhorn, although not the actual owner, was in lawful possession of the property and held a possessory right obviously greater than that of the defendant. From the evidence presented at trial, the jury could reasonably have concluded that the value of Mrs. Melhorn’s property exceeded $2000. There is no error in the trial court’s denial of the defendant’s motion to set aside the verdict.

II

The defendant submits several claims of error with regard to the jury instructions, none of which was properly preserved at trial. While the failure to take exception to claimed trial errors ordinarily precludes appellate review, we will consider the newly raised claims in this instance under the doctrine of State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973).

The defendant first argues that the trial court erred in failing to instruct the jury on the constituent elements of the term “value,” as contained in General Statutes § 53a-122 (a) (2). As we previously noted, in considering the value element of larceny, the jury must apply the market value at the time of the crime. General Statutes § 53a-121 (a) (1).

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Cite This Page — Counsel Stack

Bluebook (online)
492 A.2d 155, 196 Conn. 225, 1985 Conn. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-conn-1985.