State v. Golder, 127 Conn. App. 181

In 1997, Golder entered an agreement with Robert Liebman to acquire and dispose of stolen jewelry for wholesale value.
Liebman would drive Golder from Queens to Greenwich, sharing 50 percent of proceeds; the arrangement lasted four to six months.
On September 25, 1997, they went to Greenwich; Golder entered Sally Lynch’s home and, while Branson watched, stole jewelry and fled with items including pearls, rings, a Rolex, cufflinks.
On October 28, 1997, Liebman again drove Golder to Greenwich; Golder entered Patricia Solari’s home, obtained jewelry, and then restrained Solari by tying her to a bed after the burglary was completed.
Solari freed herself, called 911, and Golder was arrested in connection with offenses between 1996 and 1997; he was charged with kidnapping in the first degree, larceny, and burglary counts.
At trial, the evidentiary portion occurred August 12, 2008; the court instructed the jury on kidnapping with burglary as the underlying felony; the jury found Golder guilty of kidnapping, two burglaries, and one larceny, and he received a 15-year term plus 10 years special parole.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the kidnapping instruction misstated the required intent under Salamon	Salamon requires evidence of intent to prevent liberation beyond the underlying crime	Instruction should require specific intent to prevent liberation longer or to commit a felony	No reversible error; Salamon not controlling here
Whether there was sufficient evidence to prove kidnapping with independent restraint	State failed to show restraint beyond that necessary for the underlying offenses	Restraint was incidental to burglary/larceny	Sufficient evidence supports kidnapping verdict
Whether there was sufficient evidence to convict of burglary and larceny at Lynch and Solari residences	Evidence linked Golder to the crimes at both residences	State failed to prove Golder committed the offenses beyond reasonable doubt	Evidence sufficient to identify Golder as the offender and sustain convictions

State v. Salamon, 287 Conn. 509 (2008) (limits kidnapping when restraint is incidental to another crime; jury instructions must reflect independent significance when appropriate)
State v. Strong, 122 Conn.App. 131 (2010) (instructional considerations post-Salamon; independent-significance factors apply)
State v. Weaving, 125 Conn.App. 41 (2010) (standard of review for instructional error and preservation of constitutional rights)
State v. Nazarian, 125 Conn.App. 489 (2010) (circumstantial evidence evaluation and reasonable inferences by jury)