The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Criminal Law Appellate Court Opinions

by Booth, George

 

AC43632 - State v. Holmes (Manslaughter in first degree with firearm; felony murder; motion to correct illegal sentence; "The defendant, Evan Jaron Holmes, appeals from the judgment of the trial court dismissing in part and denying in part his motion to correct an illegal sentence. On appeal, the defendant claims that the court improperly determined (1) that it lacked subject matter jurisdiction over his claim that the charging document listed multiple homicide offenses in violation of his federal constitutional right against double jeopardy and (2) that the sentencing court properly vacated the manslaughter conviction and sentenced him on the felony murder conviction. We conclude that the court properly dismissed in part and denied in part the defendant’s motion to correct an illegal sentence and affirm its judgment.")

AC43529 - State v. Carrillo (Sexual assault in third degree; sexual assault in fourth degree; risk of injury to child; "The defendant, Gilberto Patricio Carrillo, appeals from the judgment of conviction, rendered after a jury trial, of two counts of sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (A), two counts of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (A), and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). On appeal, the defendant claims that he is entitled to a new trial on the grounds that the prosecutor, in his closing and rebuttal arguments to the jury, violated the defendant's right to a fair trial by improperly (1) referring to facts not in evidence, (2) vouching for the credibility of witnesses, (3) appealing to the passions, emotions, and prejudices of the jurors, and (4) impugning the integrity and institutional role of defense counsel. We conclude that, although some of the prosecutor's comments constituted improprieties, nevertheless, those improprieties did not deprive the defendant of his due process right to a fair trial. Accordingly, we affirm the judgment of conviction.")

AC43506 - State v. Alvarez (Sexual assault in fourth degree; risk of injury to child; "The defendant, Ulyses R. Alvarez, appeals from the judgment of conviction, rendered by the court following a jury trial, of sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (1) (E) and (8), and risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and (2). On appeal, the defendant claims that the trial court abused its discretion by (1) allowing the state to introduce evidence of uncharged misconduct, (2) withholding relevant sealed records from the defendant, and (3) barring defense counsel from inquiring into the sexual history of the complaining witness, K. We agree with the defendant's second claim and, accordingly, reverse the judgment of the trial court and remand the case for a new trial. We also address the defendant's first claim because the issues underlying the claim are likely to arise on remand.")

AC44263 - State v. Omar (Possession of narcotics with intent to sell by person who is not drug-dependent; sale of narcotics by person who is not drug-dependent; conspiracy to sell narcotics by person who is not drug-dependent; sale of controlled substance within 1500 feet of school; possession of controlled substance within 1500 feet of school; motion to correct illegal sentence; "This is an appeal from the judgment of the trial court denying the amended motion to correct an illegal sentence filed by the defendant, Ben B. Omar, pursuant to Practice Book § 43-22. On appeal, the defendant claims that the court erred in concluding that certain amendments to Connecticut's special parole statute, embodied in No. 18-63, §§ 1 and 2, of the 2018 Public Acts (P.A. 18-63), which became effective on October 1, 2018, did not apply retroactively to render his 2016 modified sentence imposing special parole void. We disagree and, accordingly, affirm the judgment of the trial court.")

AC44156 - State v. Smith (Possession of narcotics with intent to sell; motion to correct illegal sentence; "This is an appeal from the judgment of the trial court denying the amended motion to correct an illegal sentence filed by the defendant, Dejon A. Smith, pursuant to Practice Book § 43-22. On appeal, the defendant claims that the court erred in concluding that certain amendments to Connecticut's special parole statute, embodied in No. 18-63, §§ 1 and 2, of the 2018 Public Acts (P.A. 18-63), which became effective on October 1, 2018, did not apply retroactively to render his 2013 sentence imposing special parole void. We disagree and, accordingly, affirm the judgment of the trial court.")