335 Conn. 212
Conn.2020Background
- March 24, 2014: several gunshots fired from a Hyundai Sonata; two victims shot (one fatally). Defendant (Covington) was driving; Derek Robinson owned the car and was a passenger.
- Firearm never recovered; no witness gave a numerical barrel-length measurement at trial.
- Dajah Crenshaw testified she saw a gun in the vehicle’s glove compartment hours before the shooting and, shortly after the shooting, saw Robinson pull a handgun from his waistband and hand it to the defendant, who hid it in a dresser.
- Firearms examiner testified bullets recovered from a victim were consistent with .32 caliber bullets fired from a handgun/revolver.
- Defendant was convicted under Conn. Gen. Stat. § 29-35(a) (carrying a pistol or revolver without a permit). He appealed, arguing insufficient evidence that the firearm’s barrel was less than 12 inches; the Appellate Court affirmed and the Connecticut Supreme Court granted certification and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove beyond a reasonable doubt that the firearm’s barrel was less than 12 inches (element of § 29-35(a)) | State: circumstantial proof (gun seen in glove compartment shown in photograph; gun later in waistband; ballistic evidence consistent with a handgun/revolver) suffices to prove a <12-inch barrel | Covington: no direct, numerical barrel-length evidence; firearm not recovered; witness testimony too vague to prove <12 inches | Affirmed. Circumstantial evidence (glove compartment photo, waistband storage, ballistic testimony, jury instruction defining “pistol/revolver”) supported a reasonable inference barrel <12 inches |
Key Cases Cited
- State v. Williams, 231 Conn. 235 (Conn. 1994) (direct numerical proof not required; barrel length may be proved circumstantially)
- State v. McIntyre, 242 Conn. 318 (Conn. 1997) (barrel length is an essential element of § 29-35 offenses)
- State v. Fleming, 111 Conn. App. 337 (Conn. App. 2008) (upholding conviction where testimony showed firearm could be concealed/held in one hand)
- State v. Perry, 48 Conn. App. 193 (Conn. App. 1998) (insufficient where testimony only that gun was pulled from a coat pocket; some descriptive evidence is required)
- State v. Taupier, 330 Conn. 149 (Conn. 2018) (standard of review for sufficiency: view evidence in light most favorable to verdict; jury must find each element beyond a reasonable doubt)