State v. Tine

48 A.3d 722, 137 Conn. App. 483, 2012 WL 3193542, 2012 Conn. App. LEXIS 380
CourtConnecticut Appellate Court
DecidedAugust 14, 2012
DocketAC 32509
StatusPublished
Cited by3 cases

This text of 48 A.3d 722 (State v. Tine) 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. Tine, 48 A.3d 722, 137 Conn. App. 483, 2012 WL 3193542, 2012 Conn. App. LEXIS 380 (Colo. Ct. App. 2012).

Opinion

Opinion

BEACH, J.

The defendant, Robert Tine, appeals from the judgment of the trial court following a trial to the court. He was convicted of evading responsibility in the operation of a motor vehicle in violation of General Statutes § 14-224 (b) “by [General Statutes §] 14-107 (b).” He claims that there was insufficient evidence presented to establish that he was the operator of the motor vehicle in question, and thus the court violated his due process rights under the fifth and fourteenth amendments to the United States constitution by convicting him. We affirm the judgment of the trial court.

The following evidence is relevant to the defendant’s appeal.1 On or about July 29, 2009, between 3 and 4 p.m., Antonia Valentino’s silver 1997 four door Saturn was struck by a white truck while the car was parked on the street in front of her home at 171 Winthrop Street in New Britain. At around 4 p.m. on that date, Valentino [485]*485noticed that “it looked like there was a bag stuck to the side of [her] car,” and upon closer inspection, she observed that “it was a gaping hole.” Upon Valentino’s request, a mechanic came to inspect the car. The mechanic was unable to move the vehicle. Valentino spoke with a neighbor, Daniel Suarez, who lived across the street. On July 29, 2009, Suarez was home playing a video game with his brother when at approximately 3:45 p.m. he heard “a bang from outside.” When he looked out his window, he saw a white truck on the sidewalk very close to the passenger side of Valentino’s car. He did not see the driver. Suarez observed the truck pull forward away from the car and then pull off the grass. It appeared to Suarez that the truck had hit the car, but he was not certain so he continued playing the video game. He subsequently heard Valentino screaming and went outside to tell her about the white truck that he had observed. He told Valentino that he did not want to talk to the police because he “[didn’t] like cops” but agreed later to provide a statement to the police that provided his recollection of the incident. At trial, he identified the defendant’s truck as the white truck he observed that day.

Valentino called the police at about 6 a.m. the following morning to report the incident, and Jared Barsaleau, an officer with the New Britain police department, responded to Valentino’s home shortly thereafter. Bar-saleau observed damage to the passenger side, front comer panel and fender of Valentino’s car, as well as a hole in the car. He also observed tire tracks on the grassy area behind 81-83 Linwood Street, which borders Valentino’s property, and observed that those tracks moved in a direction toward the roadway and across the sidewalk, which also led in the direction of where Valentino’s car was parked. Valentino told Barsaleau that there was a remodeling project occurring at 81-83 Linwood Street and often there were vehicles coming [486]*486and going on the property. She also told him that her car had been parked in the same location for the past few days. Barsaleau determined that 81-83 Linwood Street was vacant and observed that it appeared that it was under construction or remodeling. He did not see any trucks on the property.

On August 6, 2009, Daniel McBride, a police officer with the New Britain police department, having been assigned to investigate the incident, went to Valentino’s home to meet with her. He observed tire tracks on the lawn of 81-83 Linwood Street, which tracks ran directly toward Valentino’s car in the area of the car that was damaged. He also observed scuffs on the front tire and white paint transfer “just to the front of the front tire on the fender” of Valentino’s car. He further observed diivetrain damage to the car that appeared to make it inoperable. The damage to Valentino’s car was estimated to be $1383.17.

On the same date, McBride inspected a white truck that was parked on the lawn of 81-83 Linwood Street and observed substantial damage to the right rear of the truck and black tire marks on the truck’s bumper that may have been consistent with additional damage over damage from an accident. McBride spoke to the defendant, who stated that he was the owner of the white Chevy truck, that his truck was not involved in the incident and that he did not cause damage to Valentino’s vehicle. The defendant told McBride that most of the damage to the truck had occurred during a previous accident in April, 2009.

The defendant was charged in a long form information with evading responsibility in violation of § 14-224 (b) “by [§] 14-107 (b).”2 At a court trial on June 22, 24 [487]*487and 25, 2010, the defendant maintained that neither he nor his track was involved in the incident. The defendant testified at trial that he performed work at 81-83 Linwood Street on July 29, 2009, but that he arrived between 7:30 and 9 a.m., and left between 1 and 2:30 p.m. He presented witnesses who testified that he was driving a grey track on the day of the incident.

The court found that the state proved beyond a reasonable doubt that the defendant was guilty of evading responsibility in the operation of a motor vehicle in violation of § 14-224 (b). The court sentenced the defendant to one year incarceration, execution suspended, and eighteen months probation with the following special conditions: restitution of $1388.173 to be paid in the amount of $200 per month and a $600 fine. This appeal followed.

The defendant claims that the record contains insufficient evidence to support the court’s conclusion that the state met its burden of proof as to the element of identity pursuant to § 14-224 (b). Specifically, the defendant claims that the court erred in applying a statutory presumption pursuant to § 14-107 (b). We disagree.

“As a preliminary matter, we set forth the applicable standard of review. In reviewing a sufficiency of the evidence claim, we apply a two-part test. First, we construe the evidence in the fight most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [trier of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. ... In evaluating evidence, the trier of fact is not [488]*488required to accept as dispositive those inferences that are consistent with the defendant’s innocence. . . . The trier may draw whatever inferences from the evidence or facts established by the evidence it deems to be reasonable and logical. . . . This does not require that each subordinate conclusion established by or inferred from the evidence, or even from other inferences, be proved beyond a reasonable doubt . . . because this court has held that a [trier’s] factual inferences that support a guilty verdict need only be reasonable. . . .

“[A]s we have often noted, proof beyond a reasonable doubt does not mean proof beyond all possible doubt . . . nor does proof beyond a reasonable doubt require acceptance of every hypothesis of innocence posed by the defendant that, had it been found credible by the trier, would have resulted in an acquittal. ... On appeal, we do not ask whether there is a reasonable view of the evidence that would support a reasonable hypothesis of innocence. We ask, instead, whether there is a reasonable view of the evidence that supports the [trier’s] verdict of guilty. . . .

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Cite This Page — Counsel Stack

Bluebook (online)
48 A.3d 722, 137 Conn. App. 483, 2012 WL 3193542, 2012 Conn. App. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tine-connappct-2012.