163 Conn.App. 377
Conn. App. Ct.2016Background
- Victim Patricia Staveski was assaulted by Michael Urbanowski after he repaired her car; the attack involved beating, dragging, threats to kill, and later strangulation inside her car, causing serious long-term injuries.
- Urbanowski was tried by jury and convicted of second‑degree assault, second‑degree strangulation, second‑degree breach of the peace, and second‑degree threatening; later pleaded nolo contendere to persistent serious felony offender allegations.
- At sentencing the court imposed consecutive seven‑year terms for assault and strangulation (total effective sentence 14 years plus special parole).
- Defense raised (on appeal) two principal claims: (1) double jeopardy/statutory bar to convicting both assault and strangulation for the same incident; and (2) erroneous admission of prior uncharged misconduct (testimony by Suzanne Schulman about a 2002 choking).
- Trial court allowed limited prior‑bad‑act testimony solely for intent (later narrowed to intent only), and gave limiting instructions; defense objected and moved to strike after testimony.
- Appellate court affirmed convictions: rejected double jeopardy claim because assault and strangulation were distinct acts at different locations/times during the episode; found admission of Schulman testimony erroneous but harmless.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Whether convicting and sentencing for both 2d‑degree assault and 2d‑degree strangulation violated § 53a‑64bb(b) or double jeopardy | The acts supporting each charge were distinct: blunt‑force assaults (inside house/driveway) producing serious injury supported assault; later manual neck compression in car supported strangulation | The convictions/punishments arose from the same act/transaction so convicting and punishing both violated the statute and double jeopardy (Blockburger) | Affirmed: no violation — offenses arose from separate acts/transactions (assaultive blows vs. later strangulation in car), so multiple punishments were permissible |
| Whether uncharged‑misconduct testimony (Schulman) was admissible to prove intent/motive for strangulation charge | Prior choking of another woman showed defendant knew effects of strangulation and indicated motive/intent to choke when rebuffed | Testimony was highly prejudicial, remote in time, and amounted to impermissible propensity evidence not sufficiently probative of intent here | Court erred in admitting Schulman testimony (not sufficiently connected to charged crime), but error was harmless under the Osimanti harmless‑error factors |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (establishes test whether two offenses are the same for double jeopardy purposes)
- Brown v. Ohio, 432 U.S. 161 (double jeopardy bars multiple punishments for same offense)
- State v. Wright, 319 Conn. 684 (Blockburger as rebuttable presumption; legislative intent analysis)
- State v. Miranda, 260 Conn. 93 (assessing whether convictions arise from same act/transaction by reviewing evidence)
- State v. Kalil, 314 Conn. 529 (standards for admitting uncharged misconduct evidence)
- State v. Osimanti, 299 Conn. 1 (harmless‑error standards for nonconstitutional evidentiary errors)
