153 Conn.App. 691
Conn. App. Ct.2014Background
- Benefield signed a 1986 consent form authorizing a complete search of three saliva samples, with no explicit limits on testing.
- DNA testing did not exist in 1986; samples were stored for about 22 years.
- In 2009, DNA testing linked the victim’s sperm to Benefield’s saliva sample, leading to his arrest.
- Benefield was tried in 2012 for murder and felony murder, with the court merging the convictions and sentencing him for sixty years.
- Benefield argues the 2009 DNA testing exceeded the scope of the 1986 consent; the state argues consent was broad and ongoing.
- The trial court held Benefield’s 1986 consent permitted testing; on appeal, the court reviews the scope of consent and the Second Issue later addresses double jeopardy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of consent to DNA testing | Benefield: 1986 consent did not include 2009 DNA testing. | Benefield: testing beyond consent; not anticipated in 1986. | DNA testing within scope of unqualified consent. |
| Merging vs. vacating felony murder conviction | State: merge was proper under older rule. | Polanco requires vacating the lesser offense when greater and lesser offenses are convicted. | Remand to vacate felony murder conviction; merger reversed for that offense. |
Key Cases Cited
- Florida v. Jimeno, 500 U.S. 248 (U.S. 1991) (scope of consent to search; general consent includes related items when not limited)
- State v. Jenkins, 298 Conn. 209 (2010) (limits on scope of consent; objective reasonableness governs)
- United States v. Jones, 132 S. Ct. 945 (U.S. 2012) (techno/privacy expectations in Jones; distinguishable from DNA testing)
- State v. Chicano, 216 Conn. 699 (1990) (double jeopardy and merger principles for greater/lesser offenses)
- State v. Polanco, 308 Conn. 242 (2013) (remedy for cumulative offenses; vacate lesser offense)
- State v. Miranda, 145 Conn. App. 494 (2013) (adopts merger remedy for greater/lesser offenses)