State v. Sanchez
128 Conn. App. 1
Conn. App. Ct.2011Background
- defendant Sanchez abducted and assaulted Nancy Tong at Will Mart in Manchester on July 18, 2003; he repeatedly entered the store, took merchandise without paying, and later armed himself, tied Tong, and stabbed her in the back room before fleeing after customers intervened.
- police fingerprint on a roll of duct tape matched to Sanchez in 2004 after a long investigation.
- Tong provided a description and later identified Sanchez from a photographic array after two arrays; first array was problematic, second array included Sanchez.
- fingerprint evidence linked Sanchez to the crime; Lombardo reconstructed a second array focusing on facial features similar to Sanchez; Tong selected Sanchez from the second array.
- Sanchez was convicted at trial of kidnapping in the first degree (with robbery as underlying felony), attempted first-degree robbery, and first-degree assault; two kidnapping counts were merged at sentencing.
- issues on appeal: suppression of Tong’s pretrial identification, Ledbetter misidentification instruction, and sufficiency of evidence for attempted robbery and kidnapping.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial identification was properly suppressed | State contends suppression denied correctly | Sanchez argues identification was unduly reliable | No; identification reliable; court did not abuse discretion in denying suppression |
| Whether a Ledbetter misidentification instruction should have been given sua sponte | State relies on Ledbetter framework for risk of misidentification | Sanchez argues instruction should have been given | No plain error; not manifestly unjust to omit instruction; no reversible error |
| Whether the evidence sufficed to convict on attempted robbery and kidnapping | State asserts sufficient evidence of intent to commit larceny and related acts | Sanchez contends lack of momentum to commit larceny; acts not strongly corroborative | Sufficient evidence supported guilt beyond a reasonable doubt |
Key Cases Cited
- State v. Ledbetter, 275 Conn. 534 (Conn. 2005) (establishes risk of misidentification instruction when eyewitness identification occurs)
- State v. Nieves, 106 Conn. App. 40 (Conn. App. 2008) (identification reliability framework after suggestive procedures)
- State v. McClendon, 45 Conn. App. 658 (Conn. App. 1997) (two-year-plus delay between crime and ID not per se unreliable with proper opportunity to view)
- State v. Copeland, 22 Conn. App. 98 (Conn. App. 1990) (analysis of eyewitness identifications under totality of circumstances)
- State v. Reid, 193 Conn. 646 (Conn. 1984) (consciousness of guilt evidence considerations)