State v. Trotter

793 A.2d 1172, 69 Conn. App. 1, 2002 Conn. App. LEXIS 185
CourtConnecticut Appellate Court
DecidedApril 9, 2002
DocketAC 20886
StatusPublished
Cited by25 cases

This text of 793 A.2d 1172 (State v. Trotter) 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. Trotter, 793 A.2d 1172, 69 Conn. App. 1, 2002 Conn. App. LEXIS 185 (Colo. Ct. App. 2002).

Opinion

Opinion

LAVERY, C. J.

The defendant, Roy Trotter, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit murder in violation of General Statutes §§ 53a-49 and 53a-54a (a), assault in the first degree in violation of General Statutes § 53a-59 (a) (5) and carrying a pistol without a permit in violation of General Statutes (Rev. to 1997) § 29-35 (a).1

On appeal, the defendant claims that contrary to the rule of State v. Whelan, 200 Conn. 743, 753, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. [3]*32d 598 (1986), the trial court improperly admitted into evidence (1) a statement that the victim had given on December 21, 1998, from his hospital bed, and (2) a statement that the victim had given on February 2,1999, indicating that he had selected a photograph of the defendant from an array and identified him as his assailant. Regarding the victim’s December 21, 1998, statement, the defendant claims, in the alternative, that the court improperly denied his motion to redact a section that he had asserted was highly prejudicial and of little probative value. Finally, the defendant claims that the state failed to prove beyond a reasonable doubt that he had been carrying a pistol that had a barrel less than twelve inches long and, therefore, he was improperly convicted of carrying a pistol without a permit. We affirm the judgment of the trial court.

On the basis of the evidence admitted during the defendant’s trial, the jury reasonably could have found the following facts. On December 17, 1998, at approximately 1 p.m., the defendant drove to the home of Natasha Easter, located at 62 Ridge Avenue, Bridgeport, hoping to find her boyfriend, the victim, Juan Figueroa, who owed him $200 for drugs. Upon arriving at Easter’s home, the defendant exited his vehicle, walked to the back door and knocked. After the defendant identified himself, Easter opened the door. The defendant asked for the victim, and Easter responded that he was at his home, which was located at 729 South Avenue, Bridgeport. The defendant did not believe her, and an argument ensued. Thereafter, the victim, who had been on the second floor of Easter’s home, came downstairs. The defendant asked the victim to follow him outside. The victim obliged and followed the defendant into the alleyway behind Easter’s home. After a brief discussion, the defendant drew a .45 caliber semiautomatic pistol and fired it five or six times at the victim, striking him in the chest, groin and buttocks. The defendant then [4]*4placed the pistol back into his coat pocket, returned to his vehicle and fled the scene. Thereafter, an ambulance transported the victim to Bridgeport Hospital. Emergency surgery was performed on the victim, who later recovered from his wounds.

On March 14, 2000, the jury returned a verdict of guilty as to each of the three counts that were before it, and the court accepted the verdict. On April 27, 2000, the court sentenced the defendant to a total effective term of thirty years imprisonment, and this appeal followed. Additional facts and procedural history will be presented as necessary.

I

We first address the defendant’s claim that the state failed to prove beyond a reasonable doubt that he had been carrying a pistol without a permit in violation of § 29-35 (a) because, if he prevails on that claim, he is entitled to an acquittal on that charge. See State v. Murray, 254 Conn. 472, 478, 757A.2d 578 (2000). Specifically, the defendant claims that the evidence was insufficient to prove that he had been carrying a firearm that had a barrel less than twelve inches long and, therefore, the state failed to prove one of the elements of § 29-35 (a). The defendant concedes that this claim is unpreserved and seeks review under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989).2 “ ‘Our Supreme Court, following the dictate of the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, [5]*5316, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979), has held that “any 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.” State v. Adams, 225 Conn. 270, 275-76 n.3, 623 A.2d 42 (1993).’ ” State v. Hicks, 56 Conn. App. 384, 386-87, 743 A.2d 640 (2000), quoting State v. Patterson, 35 Conn. App. 405, 411 n.7, 646 A.2d 258, cert. denied, 231 Conn. 930, 649 A.2d 254 (1994). Accordingly, we conclude that no practical reason 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. See State v. Hicks, supra, 387.

“The standard of review employed in a sufficiency of the evidence claim is well settled. [W]e 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. ... In this process of review, it does not diminish the probative force of the evidence that it consists, in whole or in part, of evidence that is circumstantial rather than direct. ... It is not one fact, but the cumulative impact of a multitude of facts which establishes guilt in a case involving substantial circumstantial evidence.” (Citation omitted; internal quotation marks omitted.) State v. Torres, 242 Conn. 485, 489, 698 A.2d 898 (1997).

Section 29-35 (a) provides in relevant part: “No person shall carry any pistol or revolver upon his person, except when such person is within his dwelling house or place of business, without a permit to carry the same issued as provided in section 29-28. ...” The terms “pistol” and “revolver” are defined as “any firearm having a barrel less than twelve inches in length.” General [6]*6Statutes § 29-27.3 Consequently, the defendant can properly be found guilty of violating § 29-35 (a) only if the state proves beyond a reasonable doubt that he was carrying a firearm that had a barrel that was less than twelve inches long. See State v. Perry, 48 Conn. App. 193, 196, 709 A.2d 564, cert. denied, 244 Conn. 931, 711 A.2d 729 (1998). We recognize, however, that direct numerical evidence of barrel length is not required to obtain a proper conviction under § 29-35 (a). See State v. Williams, 231 Conn. 235, 251-52, 645 A.2d 999 (1994).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Covington
194 A.3d 1224 (Connecticut Appellate Court, 2018)
Trotter v. Commissioner of Correction
56 A.3d 975 (Connecticut Appellate Court, 2012)
State v. Davis
1 A.3d 76 (Supreme Court of Connecticut, 2010)
State v. Elson
975 A.2d 678 (Connecticut Appellate Court, 2009)
State v. Fleming
958 A.2d 1271 (Connecticut Appellate Court, 2008)
State v. Carty
916 A.2d 852 (Connecticut Appellate Court, 2007)
State v. Hersey
826 A.2d 1183 (Connecticut Appellate Court, 2003)
State v. Francis D.
815 A.2d 191 (Connecticut Appellate Court, 2003)
Freer v. Morowitz, No. Cv99-0497 170s (Nov. 25, 2002)
2002 Conn. Super. Ct. 15196-a (Connecticut Superior Court, 2002)
State v. Jackson
808 A.2d 388 (Connecticut Appellate Court, 2002)
State v. Padua
808 A.2d 361 (Connecticut Appellate Court, 2002)
Meek v. Wal-Mart Stores, Inc.
806 A.2d 546 (Connecticut Appellate Court, 2002)
State v. Bordeleau
804 A.2d 231 (Connecticut Appellate Court, 2002)
State v. Davis
803 A.2d 363 (Connecticut Appellate Court, 2002)
State v. Pulaski
802 A.2d 233 (Connecticut Appellate Court, 2002)
State v. Robert H.
802 A.2d 152 (Connecticut Appellate Court, 2002)
State v. McHolland
800 A.2d 667 (Connecticut Appellate Court, 2002)
State v. Thompson
799 A.2d 1126 (Connecticut Appellate Court, 2002)
State v. Pezzuti
800 A.2d 644 (Connecticut Appellate Court, 2002)
State v. Jacobs
802 A.2d 857 (Connecticut Appellate Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
793 A.2d 1172, 69 Conn. App. 1, 2002 Conn. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trotter-connappct-2002.