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

 

AC42104 - State v. Holley (Motion to correct illegal sentence; criminal possession of firearm; statutory interpretation; rule of lenity; "The defendant, Jubar T. Holley, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant's central claim on appeal is that the trial court improperly concluded that his consecutive sentences did not violate the federal and state constitutional prohibitions against double jeopardy. Specifically, the defendant claims that the trial court improperly denied his motion to correct an illegal sentence by (1) relying on federal and sister state case law, rather than on Connecticut precedent, (2) applying an incorrect standard of review, and (3) failing to apply the rule of lenity. To resolve the defendant's appeal, we are required to determine whether the legislature, in enacting General Statutes (Rev. to 2013) § 53a-217 (a) (1), the criminal possession of a firearm statute, intended to punish the possession of each firearm or to punish only once the act of possessing multiple firearms. Our resolution of this question informs our analysis of the defendant's ancillary claim that the trial court improperly failed to apply the rule of lenity. We affirm the judgment of the trial court.")

AC43221 - State v. Holmgren (Home invasion; burglary in first degree; sexual assault in third degree; "The defendant, Fredrik Holmgren, appeals from the judgment of conviction, rendered after a jury trial, of home invasion in violation of General Statutes § 53a-100aa (a) (1), burglary in the first degree in violation of General Statutes § 53a-101 (a) (3), and sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (B). On appeal, the defendant claims that (1) the evidence presented at trial was insufficient to sustain his conviction on the charges of home invasion and burglary in the first degree, and (2) the trial court improperly allowed the state to introduce irrelevant and prejudicial evidence of statements that he made to a police detective prior to his arrest. We affirm the judgment of the trial court.")

AC41448 - State v. Fredrik H. (Unlawful restraint in first degree; interfering with emergency call; criminal mischief in third degree; "The defendant, Fredrik H., appeals from the judgment of conviction, rendered after a jury trial,of unlawful restraint in violation of General Statutes § 53a-95 (a), interfering with an emergency call in violation of General Statutes § 53a-183b (a), and criminal mischief in violation of General Statutes § 53a-117 (a) (1) (A). On appeal, the defendant claims that (1) the evidence presented at trial was insufficient to prove that he specifically intended to restrain the victim, and (2) the trial court improperly allowed the state to introduce evidence of certain uncharged misconduct. We affirm the judgment of the trial court.")