State v. Lewis, 36 A.3d 670

Background

Defendant Demetrice L. Lewis was convicted by a jury of four crimes: possession of narcotics with intent to sell (non–drug-dependent), possession within 1500 feet of a school, possession of drug paraphernalia with intent to use, and possession within 1500 feet of a school (paraphernalia).
Appellate Court reversed on all counts due to failure to instruct on specific intent and found insufficient evidence for the 1500‑feet-sCHOOL narcotics charge and the 1500‑feet‑SCHOOL paraphernalia charge; remanded for new trial on the first and third charges and judgment of not guilty on the second and fourth.
The state certified two questions: whether there was sufficient evidence of the defendant’s intent to sell within 1500 feet of a school, and whether the Timothy Dwight School was an elementary or secondary school.
Trial evidence showed 19 bags of crack cocaine, money, a razor, and packaging at arrest; expert testified the items reflected street-level drug sales.
The Timothy Dwight School evidence involved a city education official’s testimony that it was a public school, with questions about grade levels; the defense stipulated the defendant was not a student there.
The Supreme Court held (part I) that there was insufficient evidence the arrest location reflected an intent to sell at that specific location under § 21a‑278a(b); (part II) the school’s classification as elementary/secondary was sufficient, but the Court reversed only the 1500‑feet paraphernalia charge and remanded for a new trial on that charge.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of intent to sell within 1500 feet of a school	State argued intended sale at 49 Waverly Street.	No evidence of intent to sell at that location; transit through area.	Insufficient evidence to prove intent at the arrest location.
Is Timothy Dwight School an elementary/secondary school under § 21a-267(c)	Daniels’ statement implied the school had grades and thus was an elementary/secondary school.	Age/grade range testimony was incomplete and improperly admitted; preschools not covered.	Timothy Dwight School was sufficiently shown to be an elementary/secondary school for § 21a-267(c).
Effect of jury instruction on specific intent requirement	Trial court failed to instruct on specific intent.	Specific-intent instruction required; error.	Instructional error; remand for new trial on paraphernalia charge.

Key Cases Cited

State v. Hedge, 297 Conn. 621 (2010) (requires proof of intent to sell at a location within 1500 feet of a school; mere possession insufficient)
State v. Denby, 235 Conn. 477 (1995) (intent to sell within 1500 feet requires location-specific intent)
State v. Lewis, 113 Conn.App. 731 (2009) (Appellate view on sufficiency and method of proving intent; cited in Hedge)
State v. Grant, 219 Conn. 596 (1991) (two-step sufficiency review framework)
State v. Aloi, 280 Conn. 824 (2007) (limitations on reasonable inferences; no requirement of every sub-conclusion beyond reasonable doubt)
State v. Padua, 273 Conn. 138 (2005) (discussion of elementary/secondary school definitions; common knowledge in jury)