State v. Williams

505 A.2d 699, 199 Conn. 30, 1986 Conn. LEXIS 737
CourtSupreme Court of Connecticut
DecidedMarch 4, 1986
Docket9864
StatusPublished
Cited by46 cases

This text of 505 A.2d 699 (State v. Williams) 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. Williams, 505 A.2d 699, 199 Conn. 30, 1986 Conn. LEXIS 737 (Colo. 1986).

Opinion

Shea, J.

After a trial to a jury, the defendant, Mickey Williams, was convicted of the crimes of burglary in the third degree, in violation of General Statutes § SSa-lOS,1 and larceny in the second degree, in violation of General Statutes (Rev. to 1981) § 53a-123.2 From this judgment the defendant appeals, claiming that the trial court erred: (1) in its jury instructions on the elements of burglary in the third degree in that it unconstitutionally relieved the state of its burden of proving that he acted with the requisite specific intent; (2) in its reinstruction to the jury on the issue of value; and (3) in its failure to appoint counsel to represent him at his sentencing hearing. We find error only on the last claim and remand for resentencing.

At approximately 1 a.m. on July 19, 1979, Arlene Taiyebain was sitting in front of her apartment building, located across the street from Feinson’s Men’s and Boy’s Store (Feinson’s) in Danbury. Immediately after she heard an unusual noise, she saw a black man dressed in white clothing running through the store, grabbing merchandise off the apparel racks. Taiyebain immediately called the police. She then saw the man, whom she recognized as a person she had seen before, leave the store carry[32]*32ing clothing, cross the street and enter an alley. A few minutes later, the man emerged from the alley with another individual, crossed the street and re-entered Feinson’s. The man Taiyebain had recognized then continued to gather clothing off the racks.

Soon thereafter an officer of the Danbury police department arrived at the scene. He observed the store’s rear door shattered and a black man, wearing a white “t-shirt” and light tan pants, leaving the scene on foot carrying clothing. The officer followed the man down an alley but was unable to catch him because the alley became impassable for his cruiser. Several other police officers saw a black man in a white “t-shirt” running through alleys behind the store, and enter an alley behind a restaurant. The officers searched the alley until they noticed the defendant’s foot protruding from a garbage dumpster. The officer originally on the scene immediately identified the defendant as the man he had seen in close proximity to the shattered back door at Feinson’s. At the scene Taiyebain also positively identified the defendant as the man she had seen in the store and whom she had seen previously. The defendant was taken into custody and two bundles of clothing bearing Feinson’s labels and price tags were subsequently found in nearby alleys. The clothes were later examined by the store’s owner and manager and determined to have a market value of $1150 for one pile and $1295 for the other.

The defendant was charged in a substitute information with burglary in the third degree, General Statutes § 53a-103, and larceny in the first degree, General Statutes (Rev. to 1981) § 53a-122. The court granted the defendant’s request to proceed to trial pro se, and ordered a public defender to be available in the courtroom for consultation during the proceedings as standby counsel. At trial the defendant presented a defense of alibi and misidentification. He claimed that [33]*33he had been at a bar with his brother until it closed at 1 a.m. that morning and then walked home by way of the alley where he was discovered. The defendant testified that when he saw the police officers he panicked because he was on parole and jumped into the dumpster to hide. The jury found the defendant guilty of burglary in the third degree. Although he was not found guilty of larceny in the first degree, he was convicted of the lesser included offense of larceny in the second degree.

I

The defendant first claims that the trial court’s instructions to the jury on the elements required for a conviction of burglary in the third degree violated his constitutional rights by relieving the state of its burden of proving the requisite specific intent in violation of Sandstrom v. Montana, 442 U.S. 510, 99 S. Ct. 2450, 61 L. Ed. 2d 39 (1979). Although the defendant took no exception to the instruction he now challenges, we will review his claim under the “exceptional circumstances’’ rule of State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973). See State v. Amarillo, 198 Conn. 285, 299 n.9, 501 A.2d 1195 (1986); State v. Fernandez, 198 Conn. 1, 18, 501 A.2d 1195 (1985); State v. Shine, 193 Conn. 632, 644 n.11, 479 A.2d 218 (1984).

The defendant levels his constitutional attack on the following language in the court’s instruction on the specific intent necessary for the crime of burglary: “Burglary is an intrusionary crime. In other words, regardless of the nature of the intrusion it must be proven that the defendant has entered the building unlawfully and . . . that he did so with the intention of committing a crime therein. Intent is used and [sic] established if at all by circumstantial evidence. In addition in this case if you find the evidence in accordance with what the state offered you must find the intent [34]*34would infer from conduct. And that of course [is] a question of fact.”3 (Emphasis added.)

The due process clause of the fourteenth amendment to the United States constitution “protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” In re Winship, 397 U.S. 358, 364, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970). On the basis of this principle, a trial court is prohibited from incorporating evidentiary presumptions in its jury instructions that have the effect of relieving the state of its burden of proving every essential element of the crime. Francis v. Franklin, 471 U.S. 307, 313, 105 S. Ct. 1965, 85 L. Ed. 2d 344 (1985); Sandstrom v. Montana, supra, 520-24; Patterson v. New York, 432 U.S. 197, 210, 97 S. Ct. 2319, 53 L. Ed. 2d 281 (1977). In Sandstrom v. Montana, supra, 517, the United States Supreme Court held that a jury instruction that “the law presumes that a person intends the ordinary consequences of his voluntary acts” violated the defendant’s due process rights because a reasonable juror could have interpreted it as a conclusive or burden-[35]*35shifting presumption and thus relieved the state of its burden of proving the critical element of intent. See United States v. United States Gypsum Co., 438 U.S. 422, 98 S. Ct. 2864, 57 L. Ed. 2d 854 (1978); Mullaney v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881, 44 L. Ed. 2d 508 (1975). The defendant here claims that the jury instructions had the effect of relieving the state of its burden of persuasion on the issue of intent by creating a mandatory conclusive presumption of intent upon proof by the state of the physical acts constituting the burglary.4

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Bluebook (online)
505 A.2d 699, 199 Conn. 30, 1986 Conn. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-conn-1986.