State v. Brodia
2011 Conn. App. LEXIS 327
Conn. App. Ct.2011Background
- On July 29, 2007, Casanova witnessed Brodia engage in what appeared to be a hand-to-hand drug transaction with Perry near Farnam Court, a public housing project.
- Brodia allegedly exchanged an item for money and attempted to swallow items when Casanova, in police uniform, approached after exiting his vehicle.
- Casanova restrained Brodia; items fell to the ground and were described as small bags containing crack cocaine.
- Casanova then found a large bag in the Intrepid between the console and driver’s seat containing marijuana and crack cocaine.
- Brodia moved to suppress the contraband from the Intrepid as a warrantless search; the trial court denied the motion.
- The jury convicted Brodia on all counts; he received a total effective term of seventeen years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless vehicle search was illegal | Brodia | Brodia | Denial of suppression affirmed; plain view and other exceptions valid |
| Whether nonexclusive possession instruction was required | Brodia | Brodia | No instruction required; evidence did not support nonexclusive possession |
| Whether the jury must unanimously convict on the possession with intent to sell theory | Brodia | Brodia | No unanimity error; instructions did not sanction nonunanimous verdict |
| Whether evidence was sufficient to sustain possession convictions | State | Brodia | Sufficient evidence supported actual and constructive possession |
Key Cases Cited
- State v. Brown, 279 Conn. 493 (2006) (plain view doctrine and immediate apparent contraband)
- State v. Thomas, 98 Conn. App. 542 (2006) (plain view and lawful vantage point)
- State v. Williams, 258 Conn. 1 (2001) (nonexclusive possession doctrine)
- State v. Collazo, 113 Conn. App. 651 (2009) (application of nonexclusive possession instruction)
- State v. Heinemann, 282 Conn. 281 (2007) (trial court instruction duties and evidentiary support)
- State v. Famiglietti, 219 Conn. 605 (1991) (unanimity in charging multiple theories)
- State v. Ceballos, 266 Conn. 364 (2003) (unanimity and jury instructions)
- State v. Ledbetter, 275 Conn. 534 (2005) (standard for sufficiency review)
- State v. Golding, 213 Conn. 233 (1989) (conditions for constitutional error not preserved at trial)