State v. Marsha P.
11 A.3d 1164
Conn. App. Ct.2011Background
- Defendant Marsha P. was convicted by jury of risk of injury to a child (M) under § 53-21(a)(1) after a July 4, 2007 crash where M and J (ages 6 and 9) died; H survived.
- Defendant drove with three children; she accelerated, failed to merge, crossed double yellow lines, and struck an oncoming vehicle.
- State charged two counts of manslaughter with a DUI and three counts of risk of injury to a child and three counts of assault with a DUI; she was acquitted on most counts.
- Jury found guilty only of risk of injury to M; sentenced to five years with execution suspended, five years probation, and $5,000 fine.
- Court addressed whether § 14-100a (child safety restraint) was a lesser included offense of risk of injury, and whether Whistnant, etc., required such an instruction.
- Court concluded defendant was not entitled to a Whistnant-based lesser included offense instruction for § 14-100a, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by omitting a lesser included offense instruction | Marsha P. contends § 14-100a is a lesser included offense. | Defendant argues the infraction is a lesser included offense and should have been charged. | No reversible error; Whistnant not satisfied; instruction not required. |
| Whether denial of posttrial motion for a new trial was plain error | Defendant argues error in not granting a new trial for lack of a proper jury instruction. | State argues no Whistnant entitlement and no plain error. | Plain error not established; Whistnant unmet. |
| Whether the evidence supports the judgment of acquittal on insufficiency grounds | Evidence supports guilt beyond reasonable doubt for risk of injury to M. | Evidence insufficient to prove elements beyond reasonable doubt. | Sufficient evidence; conviction upheld. |
Key Cases Cited
- State v. Whistnant, 179 Conn. 583 (1980) (four-part test for lesser included offense instruction)
- State v. Corbin, 260 Conn. 730 (2002) (standard for evaluating requested lesser included offense instructions)
- State v. Arena, 235 Conn. 67 (1995) (unsettled frontier of lesser included offenses; citation sufficiency)
- State v. Rudd, 62 Conn. App. 702 (2001) (practice-points on requests to charge)