State v. Smith
2014 WL 928848
Conn. App. Ct.2014Background
- Defendant Tremaine Smith appeals a conviction for attempt to commit robbery in the first degree under §§ 53a-49(a)(2) and 53a-134(a)(3).
- State alleged Smith attempted to recover the $294 he had sent to the complainant by force using a knife during a November 30, 2009 confrontation.
- The jury heard conflicting testimony about ownership and control of the money and whether a larcenous intent existed.
- The trial court denied a judgment of acquittal, ruling there was sufficient evidence of intent and the jury found Smith guilty on count one and not guilty on count two.
- On appeal, Smith contends the evidence failed to prove the larceny element (intent to deprive) necessary for attempt to commit robbery; he also asserts prosecutorial impropriety was prejudicial.
- The appellate court agrees the evidence was insufficient to prove the intent element of larceny, reversing the judgment of acquittal and remanding for acquittal on the robbery charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to prove the larceny intent element for attempt to commit robbery? | State contends the jury could infer larceny intent | Smith argues no rational view supports intent to steal | Insufficient evidence; remand for acquittal on count one. |
| Does ownership/possession vel non affect larceny elements for this charge? | State relies on ownership framework to support larceny | Smith maintains no superior ownership by complainant | Larceny elements not proven; ownership analysis favors reversal. |
Key Cases Cited
- State v. Sherman, 127 Conn. App. 391 (Conn. App. 2011) (elements of larceny require wrongful taking with felonious intent)
- State v. Woolfolk, 8 Conn. App. 667 (Conn. App. 1986) (claim-of-right/justification issues; burden on state to negate defense)
- People v. Pagan, 19 N.Y.3d 91 (N.Y. 2012) (discusses claim-of-right defense in stealing currency)