State v. Bumgarner-Ramos, 187 Conn. App. 725

Child N (age 3) died after extensive blunt-force trauma and multiple injuries while in defendant Carroll Bumgarner-Ramos’s care; autopsy concluded fatal child abuse syndrome with blunt abdominal trauma.
Medical examiner observed bruising, a small laceration that extended into the labia majora, contusion of inner labia, hemorrhagic pelvic soft tissue, and trauma to vaginal/perineal/anal areas.
Defendant gave statements admitting to forceful spanking, striking and ‘‘spanking . . . in the front,’’ and possibly hitting N’s vaginal/perineal area; he denied sexual assault initially and no semen/spermatozoa or male DNA matched to him was found on swabs.
Defendant was tried in a court trial and convicted of: (1) assault in the first degree (§ 53a-59(a)(3)); (2) aggravated sexual assault of a minor (§§ 53a-70c(a)(3) & 53a-70(a)(2)); (3) risk of injury to a child (§ 53-21(a)(1)); and (4) manslaughter in the first degree (§ 53a-55(a)(3)).
On appeal the defendant challenged (a) sufficiency of evidence for aggravated sexual assault (arguing no penetration), and (b) double jeopardy from convictions for both assault and manslaughter. The court affirmed the sexual-assault conviction but vacated the assault conviction as a lesser-included offense of manslaughter.

Issue	State's Argument	Bumgarner-Ramos's Argument	Held
Sufficiency of evidence for aggravated sexual assault (whether sexual intercourse—penetration—was proved)	Injuries to labia/vaginal area, hemorrhagic pelvic tissue, and the court’s crediting of the medical examiner support at least slight penetration and use of violence	No evidence of penetration; injuries could result from spanking and not satisfy statutory penetration requirement	Affirmed: evidence (laceration extending into labia majora, contusion, internal hemorrhage) supported slight penetration under § 53a-65(2) and aggravated sexual assault was proven beyond a reasonable doubt
Double jeopardy from convictions for assault in the first degree and manslaughter in the first degree	The state argued the two offenses were factually distinct (head trauma v. abdominal trauma) and supported separate convictions/sentences	Assault (proof of causing serious physical injury) is subsumed by manslaughter (proof of causing death); both arise from same transaction so conviction of both punishes same offense	Reversed in part: assault conviction vacated. Court found the two counts arose from the same transaction and, as charged, assault (§ 53a-59(a)(3)) was a lesser-included offense of manslaughter (§ 53a-55(a)(3)); error was not harmless

State v. Albert, 252 Conn. 795 (2000) (construed § 53a-65(2) to hold that slight/digital penetration of the labia majora can satisfy statutory "vaginal intercourse")
State v. Alvarez, 257 Conn. 782 (2001) (upheld convictions for manslaughter and assault where assault included elements—like use of a dangerous instrument or multiple assailants—not subsumed by manslaughter charge)
Blockburger v. United States, 284 U.S. 299 (1932) (test for whether two statutory offenses are the same for double jeopardy: each provision must require proof of an element the other does not)
State v. Polanco, 308 Conn. 242 (2013) (vacatur of a lesser-included conviction, when reversible, need not always require resentencing where sentencing intent is clear)