Connor v. People
2013 V.I. Supreme LEXIS 31
Supreme Court of The Virgin Is...2013Background
- Connor was convicted after a one-day trial of four counts: first-degree robbery, using a dangerous weapon during robbery, grand larceny, and using a dangerous weapon during grand larceny.
- The victim, Choute, identified Connor as the intruder who stole a laptop from his Hospital Ground residence.
- Choute testified the laptop cost $486 (total with case $500); Connor had no viable alibi corroboration.
- The court merged the grand larceny conviction with robbery and did not impose a separate sentence for it, and one assault-related count was acquitted.
- On appeal, Connor raises sufficiency of evidence, double jeopardy/multiplicity, firearm as a weapon, verdict form value omission, and prosecutorial misconduct challenges.
- The appellate court affirms, finding sufficient evidence, no double jeopardy violation, weapon defined as dangerous/deadly, and harmless error for the other claimed issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for identity and theft | Connor argues eyewitness unreliability voids identification. | Connor contends lack of corroborating alibi weakens guilt. | Evidence sufficient; single credible eyewitness identification supported conviction. |
| Double Jeopardy / multiplicity of robbery and weapon | People maintain separate punishments permitted by statute. | Connor asserts dual charges violate Blockburger and double jeopardy. | Legislative intent to impose multiple punishments upheld; no double jeopardy violation. |
| Firearm as dangerous weapon; jury instruction | Weapon charged as dangerous; court instructed deadly weapon. | No reversible error; firearm is deadly and dangerous. | Firearm qualifies as deadly/dangerous; instruction not error. |
| Verdict form lacking property value for grand larceny | Value must be stated per 5 V.I.C. § 3636. | Omission harmless given other evidence and merger. | Omission was plain error but did not prejudice substantial rights; no reversal for counts aside from remand to correct value issue as to grand larceny. |
| Prosecutorial misconduct on cross-examination | Question about mother’s promise implied improper evidence. | Harmless error given overwhelming evidence of guilt. | Harmless error; conviction affirmed. |
Key Cases Cited
- Government of the Virgin Islands v. Soto, 718 F.2d 72 (3d Cir. 1983) (clear legislative intent to authorize cumulative punishment under §2251(a)(2)(B))
- Gov’t of the Virgin Islands v. Robinson, 29 F.3d 878 (3d Cir. 1994) (definition of deadly weapon includes firearms as deadly and dangerous)
- Missouri v. Hunter, 459 U.S. 359 (U.S. 1983) (describes legislative intent in imposing multiple punishments)
- Blockburger v. United States, 284 U.S. 299 (1932) (test for multiplicity and whether elements are distinct)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (requires juries to determine facts that affect penalties)
- Ward v. People, 58 V.I. 277 (V.I. 2013) (section 104 interaction with §2251; plain error standard)
- Christopher v. People, 57 V.I. 500 (V.I. 2012) (interchange of 'deadly' and 'dangerous' not reversible error)
- Gumbs v. Gov’t of the Virgin Islands, 426 F. App’x 90 (3d Cir. 2011) (Confrontation Clause; authentication of firearm records)
