136 Conn. App. 197
Conn. App. Ct.2012Background
- Smalls was convicted by jury of murder under § 53a-54a and carrying a pistol without a permit under § 29-35(a).
- On appeal, he challenges (1) probable cause to support his murder charge and (2) sufficiency of evidence to sustain murder as principal or accessory.
- Evidence at trial showed two hooded men, including Smalls, shooting the victim, Edgar Sanchez, near the Monterey Village/ Carlton Court complex in Norwalk.
- Police recovered two handguns in apartment 151, including a 9mm Glock with Hydra-Shok rounds and a .380, along with hoodies and masks; shell casings at the scene matched these weapons.
- The jury could infer concert of action between Smalls and the other shooter, supporting either principal or accessory liability for murder; no gunpowder residue or latent fingerprints tied Smalls conclusively to the fatal shot.
- Probable cause hearing evidence alleged that Smalls and Kave fled the scene after firing; the court found probable cause to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder as principal or accessory | State; concert of action supports conviction. | Smalls contends no evidence he fired or aided in firing the fatal shot. | Sufficient evidence under concert of action for principal or accessory. |
| Probable cause to believe Smalls caused death | State; probable cause supported by eyewitness and police evidence. | Smalls argues the evidence at probable cause was insufficient to show he fired the fatal shot. | Probable cause established; sufficient to warrant belief Smalls murdered the victim. |
| Standard governing probable cause at hearing | State; standard aligns with Munoz and Gates, not requiring preponderance. | Smalls claims a higher threshold; evidence must show more likely than not. | Probable cause requires less than preponderance; evidence found sufficient. |
| Application of concert-of-action doctrine | State; Delgado supports finding of intent to contribute to murder. | Smalls challenges reliance on concert-of-action to prove liability. | Delgado affirmed; evidence showed sufficient concert of action to support conviction. |
| Binding nature of Supreme Court precedent on concert-of-action | State; must follow Delgado/related precedent. | Smalls urged plain-meaning reading of § 53a-8(a). | Court bound by Supreme Court precedent; concert-of-action reasoning applicable. |
Key Cases Cited
- State v. Munoz, 233 Conn. 106 (1995) (probable cause standard not preponderance; not ultimate proof)
- State v. Delgado, 247 Conn. 616 (1999) (concert of action supports accessory liability)
- State v. Diaz, 237 Conn. 518 (1996) (concert of action considerations for liability)
- State v. Ashe, 74 Conn. App. 511 (2003) (concert-of-action framework applied in appellate review)
- State v. Booth, 250 Conn. 611 (1999) (probable cause review standard and evidence evaluation)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause requires probability or substantial chance, not certainty)
- State v. Grant, 286 Conn. 499 (2008) (probable cause evidence standard; not requiring certainty)
- Skakel v. State, 295 Conn. 447 (2010) (probable cause: less than preponderance; not equal to conviction standard)