State v. Souza, 125 Conn. App. 529

On April 13, 2007, the complainant awoke to see Souza in her yard and entering the enclosed breezeway attached to the kitchen and garage.
The complainant witnessed Souza crouch at a kitchen window, peer inside, and rattle the door handle, then he left as police arrived.
Souza gave a detailed post-arrest statement admitting he entered to steal a bicycle and then looked in the garage.
The jury was instructed on second-degree burglary and, at defense request, on the lesser offense of criminal trespass in the second degree.
Souza was convicted of burglary in the second degree and sentenced to ten years with six years to serve, suspended, plus three years of probation.
On appeal, Souza argues insufficiency of evidence and prosecutorial impropriety in closing arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for dwelling and intent	State contends breezeway was part of dwelling; intent shown by confession and evidence.	Souza contends breezeway not a dwelling and no intent to commit a crime inside.	Evidence sufficient; conviction affirmed.
Prosecutorial impropriety affecting due process	State concedes some improper remarks but argues trial overall was fair and the evidence strong.	Souza asserts closing argument improperly appealed to emotions and expressed the prosecutor's personal beliefs.	Not a due process deprivation; not reversible given context and strength of evidence.

State v. Arthurs, 121 Conn.App. 520 (2010) (standard of review for sufficiency of the evidence; reasonable view of evidence)
State v. Lynch, 123 Conn.App. 479 (2010) (prosecutorial impropriety factors for due process review)
State v. Grant, 286 Conn. 499 (2008) (prosecutor may not express personal opinion as to guilt)
State v. Outing, 298 Conn. 34 (2010) (unpreserved claims of prosecutorial impropriety and Golding framework)
State v. Felix, 111 Conn.App. 801 (2008) (prosecutorial impropriety not causing reversible error when evidence strong)