State v. Theriault

589 A.2d 379, 24 Conn. App. 502, 1991 Conn. App. LEXIS 123
CourtConnecticut Appellate Court
DecidedApril 23, 1991
Docket9284
StatusPublished
Cited by3 cases

This text of 589 A.2d 379 (State v. Theriault) 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. Theriault, 589 A.2d 379, 24 Conn. App. 502, 1991 Conn. App. LEXIS 123 (Colo. Ct. App. 1991).

Opinion

Lavery, J.

The defendant appeals from a judgment of conviction of one count of burglary in the third degree in violation of General Statutes § 53a-103 (a), and one count of larceny in the first degree in violation of General Statutes § 53a-122 (a) (2), arising from an incident that took place on October 17, 1989, and of one count of burglary in the second degree in violation of General Statutes § 53a-102 (a), and one count of larceny in the sixth degree in violation of § 53a-125b (a), arising from an incident that occurred on October 18, 1989. The four charges were contained in two separate informations and were consolidated for trial to a jury. On appeal, the defendant raises two claims. First, he asserts that the trial court was incorrect in denying his motion to sever the two informations and in failing to instruct the jury that it was to deliberate on the evidence presented in each case separately. Second, the defendant challenges the trial court’s jury instructions on the burden of proof. We affirm the judgment of the trial court.

The jury could have reasonably found the following facts. On October 17, the victims, who resided in Milford, were out of town. A neighbor was watching their house and feeding the family cat. When the neighbor let the cat out on the morning of October 17, everything in the house was in order. On returning later that afternoon, the neighbor discovered that the house had been burglarized. The police were called and determined that the burglar had entered the house by prying open the rear door. After being summoned by their neighbor, the victims returned to their home, took an inventory of their property and determined that approximately $17,000 worth of items had been stolen. The stolen items included a forty-six inch television, a video cassette recorder, a twenty-five inch television, silverware, children’s video tapes, several jeweled rings, some costume jewelry, and numerous articles [504]*504of clothing. Among the stolen items of clothing was a blue denim jacket.

The next day, October 18, at approximately 3 a.m., Milford Police Officer Robert Nash arrived at the same house to investigate a report of a burglary in progress. Nash determined that someone had gained access to the premises by breaking a window. The officer saw a light flicker on and off in the kitchen, and then observed the defendant attempting to slide a mattress out through the door to the deck. When Nash identified himself, the defendant ran from the scene. The defendant was arrested a short time later in the backyard of a nearby house. When arrested, the defendant was wearing a jacket later identified by one of the victims as the one stolen on October 17. Inside the pocket of the jacket was a slip of paper bearing the name, address and phone number of one of the victims.

I

Motion to Sever

The defendant moved to sever the two cases, asserting that a joint trial would likely result in substantial injustice and prejudice to him. After a hearing, the trial court denied the defendant’s motion to sever. The court ruled that the evidence in both cases would overlap and that two trials would result in unnecessary duplication.

General Statutes § 54-571 and Practice Book § 8292 authorize a trial court to try a defendant jointly on two [505]*505or more informations or indictments. The trial court’s decision to allow a joint trial will not be disturbed unless the record evinces a manifest abuse of discretion. The discretion of the court to order separate trials should be exercised only when the defendant’s rights will be substantially prejudiced by a joint trial. State v. Pollitt, 205 Conn. 61, 67-68, 530 A.2d 155 (1987); State v. Silver, 139 Conn. 234, 240, 93 A.2d 154 (1952). It is well settled that when a defendant challenges the court’s decision to join separate charges for trial, he must show that the court’s refusal to sever resulted in substantial injustice and that the resulting prejudice to the defendant was beyond the court’s curative jury instructions. State v. Herring, 210 Conn. 78, 94-95, 544 A.2d 686, cert. denied, 492 U.S. 912, 109 S. Ct. 3230, 106 L. Ed. 2d 579 (1989); State v. Boscarino, 204 Conn. 714, 721, 529 A.2d 1260 (1987); State v. King, 187 Conn. 292, 302, 445 A.2d 901 (1982). It is not enough to show that the joint trial was less than advantageous to the defendant.

The state’s case relating to the defendant’s activity on October 18 was the stronger of the two cases. The defendant claims that because the state’s case was stronger on the defendant’s complicity in the burglary and larceny crimes perpetrated on October 18 than its case concerning those perpetrated on October 17, joinder of the two cases permitted the jury to consider highly prejudicial evidence of his culpability for the crimes that occurred on October 18 while deliberating his involvement in the burglary and larceny of October 17.

In general, evidence of a defendant’s commission of one crime may not be used to prove the defendant’s guilt of another crime. State v. Boscarino, supra. In a joint trial, there is an omnipresent risk that although the quantum of evidence on any one of the charges may, when considered alone, be insufficient to persuade the [506]*506jury of the defendant’s guilt, the sum of the evidence admitted on all charges will be sufficient for a conviction on all. Id., 721-22. “This risk is greatly enhanced when the offenses joined are factually similar, but legally unrelated.” Id.

When the trial court’s decision to consolidate cases is challenged, the defendant bears the burden of showing that the joinder of his cases resulted in substantial injustice and that any resulting prejudice could not be avoided by the court’s curative instructions to the jury. State v. King, supra. The factors that the reviewing court should weigh in determining whether the consolidation resulted in prejudice to the defendant include (1) whether the offenses are factually similar but legally unrelated, (2) whether the charges involve discrete, easily distinguishable, factual scenarios, (3) whether the crimes were of a violent nature or involved brutal or shocking conduct by the defendant, and (4) the duration and complexity of the trial. State v. Herring, supra, 95; State v. Boscarino, supra, 722-23. If we find that any of these factors caused prejudice to the defendant, we must then decide whether the trial court’s instructions cured any prejudice that might have resulted from their existence. State v. Horne, 215 Conn. 538, 547, 577 A.2d 694 (1990); State v. Herring, supra; State v. Boscarino, supra, 722-24.

In applying these standards to the case before us, we conclude that the trial court’s decision not to sever was correct. The offenses are factually similar and legally related. The fact that two burglaries and two larcenies were committed at the same house, within a twenty-four hour period, may be indicative that the perpetrator is the same for each.

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Related

State v. Colon
611 A.2d 902 (Connecticut Appellate Court, 1992)
State v. Falcon
600 A.2d 1364 (Connecticut Appellate Court, 1991)
State v. Theriault
593 A.2d 135 (Supreme Court of Connecticut, 1991)

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Bluebook (online)
589 A.2d 379, 24 Conn. App. 502, 1991 Conn. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-theriault-connappct-1991.