147 Conn. App. 598
Conn. App. Ct.2014Background
- From spring 2006 to summer 2007 Chance regularly drove rural Litchfield County routes in a pickup with his dogs, following female joggers and observing them with his truck.
- On August 11, 2007, a 14-year-old jogger was followed, chased, and assaulted by Chance, who grabbed her ponytail, restrained her, and attempted to lift her while touching her; she screamed and escaped.
- A six-count information charged kidnapping in the first degree (count 1), kidnapping in the second degree (count 2), attempted kidnapping in the second degree (count 3), unlawful restraint in the first degree (count 4), and two risk-of-injury-to-a-child counts (counts 5–6).
- The jury found Chance guilty of kidnapping in the second degree, attempted kidnapping in the second degree, unlawful restraint in the first degree, and risk of injury to a child; the court merged count 3 into count 2 and imposed a 20-year sentence plus supervision and sex-offender registration.
- The court ordered ten-year sex-offender registration due to the minor-victim status for kidnapping and, by finding “sexual purposes” for other offenses, ten-year registration under § 54-254; on appeal, conviction for attempted kidnapping in the second degree was vacated under Polanco while other convictions were affirmed.
- On appeal, the court affirmed most convictions, vacated the attempted kidnapping conviction (Polanco), and remanded for that specific vacatur; the sex-offender registration issue remained upheld for ten years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnapping second degree | Chance argues insufficient intent to prevent liberation | No intent to abduct or restrain intending to prevent liberation | Sufficient evidence of intent to prevent liberation; conviction upheld |
| Vagueness of 53a-94(a) as applied | Statute vague vs. unlawful restraint | Actions too minimal to constitute kidnapping | Not unconstitutionally vague as applied; sufficient notice given the record |
| Double jeopardy—Polanco issue | Conviction duplicative | Deux convitions based on same incident | Vacate attempt kidnapping in the second degree; honor other convictions |
| Sex-offender registration under §54-251/§54-254 | Registration warranted for minor victim | Ten-year registration only for kidnapping; others uncertain | Ten-year registration upheld based on §54-251; §54-254 not necessary to reach other offenses |
Key Cases Cited
- State v. Salamon, 287 Conn. 509 (Conn. 2008) (elaborated kidnapping requirements; no minimum confinement duration required unless incidental to other crime)
- State v. Winot, 294 Conn. 753 (Conn. 2010) (void-for-vagueness framework; de minimis restraint not dispositive)
- State v. Ayala, 133 Conn. App. 514 (Conn. App. 2012) (intent and circumstantial evidence to prove mental state)
- State v. Salamon (repeat), 287 Conn. 531 (Conn. 2008) (discussed vagueness and restraint definitions in kidnapping)
- State v. Polanco, 308 Conn. 242 (Conn. 2013) (double jeopardy; vacate one kidnapping count)