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 Townsend, Karen

 

AC45916 - State v. Abdulaziz (Health insurance fraud; “The defendant claims that his conviction of health insurance fraud cannot be reconciled with his simultaneous acquittal, based upon the same alleged underlying conduct, of larceny in the first degree by defrauding a public community in violation of General Statutes (Rev. to 2017) § 53a-122 (a) (4). Specifically, he argues that the court had acquitted him of larceny in the first degree based upon the state’s failure to prove the ‘obtaining’ and ‘value’ elements of that offense beyond a reasonable doubt and, thus, that it should also have acquitted him of health insurance fraud, which he claims required proof of those same elements to convict him in this case. He further argues that the court later compounded its initial error by reversing his ‘acquittal on the “value” element of larceny in the first degree when it ruled on the state’s [posttrial] motion to correct an illegal sentence.’ On that basis, he claims on appeal that the court (1) violated the prohibition against successive prosecutions under the fifth and fourteenth amendments to the United States constitution by reversing his acquittal on the value element of the larceny charge, and (2) violated his constitutional right to due process by convicting him of health insurance fraud ‘without finding every fact necessary to constitute the crime.’ We reject the defendant’s claims and affirm his challenged conviction of health insurance fraud.”)

AC47093 - State v. Toste (Murder; sentence modification; “The defendant, William Toste, appeals from the judgment of the trial court denying his application for a sentence modification pursuant to General Statutes § 53a-39. On appeal, the defendant claims that the court abused its discretion in finding that he had failed to establish good cause to modify his sentence. We disagree and affirm the judgment of the trial court.”)