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 Supreme Court Slip Opinion

by Booth, George


SC20184 - State v. Jose R. (Sexual assault first degree; Whether defendant's due process right to a fair trial and fifth amendment right to remain silent violated by prosecutor's remarks; Whether state should have burden of proving harmlessness for all claims of prosecutorial impropriety; "Following a jury trial, the defendant, Jose R., was convicted of four counts of sexual assault in the first degree in violation of General Statutes (Rev. to 2013) § 53a-70 (a) (2) and three counts of risk of injury to a child in violation of General Statutes § 53-21 (a) for the sexual abuse of his daughter, V. On appeal, the defendant claims that (1) the trial court improperly sentenced him to a period of probation on each count of sexual assault in violation of General Statutes § 53a-29 (a), and (2) the prosecutor made improper remarks during closing argument and rebuttal, which deprived him of his due process right to a fair trial under the fourteenth amendment and his fifth amendment right against self-incrimination. We agree with the defendant's first claim but disagree with his second claim. We therefore reverse the defendant's judgment of conviction only as to the sentence imposed and remand the case to the trial court for resentencing.")