State v. Franklin, 162 Conn.App. 78

Franklin was convicted after a jury trial of murder under § 53a-54a, felony murder under § 53a-54c, and robbery or attempted robbery under § 53a-49(a)(2)/§ 53a-134(a)(1); bench-tried convictions were for carrying a pistol without a permit and criminal possession of a pistol or revolver.
Victim John Claude James was shot July 9, 2011 in New Haven; six 9mm shell casings and the victim’s chain and cell phone were found or recovered in the Howard Avenue area.
Lofton, a single eyewitness, testified that Franklin shot the victim three times; Caple, Boxley, and others testified to motive and surrounding circumstances; Ford testified to an earlier confrontation where Franklin displayed a gun.
Franklin fled to North Carolina and then Virginia with false identifications after the shooting; he was arrested in Virginia and brought back to Connecticut.
The trial court merged murder and felony murder and imposed an overall sentence; on appeal, the court reversed the felony murder conviction and remanded to vacate it, while affirming other convictions and sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence sufficient to support the counts?	Lofton’s testimony, plus circumstantial evidence, established guilt.	Lofton’s testimony was physically impossible; other evidence failed to prove guilt.	Yes; Lofton and circumstantial evidence together support guilt beyond reasonable doubt.
Were the verdicts against the weight of the evidence/new-trial remedy warranted?	Evidence, including Lofton, supports guilt; no new trial required.	Weight of evidence undermines credibility; new trial warranted.	No; no basis for a new trial given the sufficiency and credibility determinations.
Admissibility of prior misconduct evidence to show means to commit the crimes	Evidence showed Franklin’s means to commit the crimes.	Evidence was remote and prejudicial; improper to show character.	Properly admitted with limiting instruction; probative value outweighed prejudicial effect.
Prosecutorial impropriety during closing arguments	Arguments fairly drawn from evidence and reasonable inferences; not improper.	Prosecutor misstated testimony and used prior misconduct improperly.	Not reversible error; did not deprive defendant of a fair trial given strength of the State’s case.
Whether felony murder conviction should be vacated due to merger	Miranda controls; merger appropriate.	Merger not appropriate; separate conviction was valid.	Felony murder conviction vacated; merger limited to murder conviction remand.

State v. Morgan, 274 Conn. 790 (2005) (credibility and appellate review of witness testimony matters)
State v. Robinson, 125 Conn. App. 484 (2010) (credibility and sufficiency of eyewitness evidence)
State v. Sivri, 46 Conn. App. 578 (1997) (admissibility of evidence of means to commit crime through prior possession)
State v. Pena, 301 Conn. 669 (2011) (prior possession of a firearm admissible to show means; balancing probative value vs. prejudice)
State v. Jones, 193 Conn. 70 (1984) (unanimity principles where multiple theories support a single conviction)