25 Conn. App. 104 | Conn. App. Ct. | 1991
The defendant appeals from the judgment of conviction, rendered after a jury trial, of
There was evidence adduced at trial to support the facts as follows. On September 17,1987, at about 1:30 a.m., the victim, Darryl Givens, left a friend’s house and walked to a convenience store to purchase cigarettes. As Givens was about to enter the store, the defendant, Edward Gilchrist, approached and asked him if he had any drugs. Givens, who recognized the
Givens, after returning to his friend’s house, walked home with another friend. Upon his arrival home, he asked his sister, Wanda Givens, if he could borrow her car to drive himself to the hospital. She would not allow him to borrow her car and he refused her offer to drive him to the hospital. Wanda saw the cuts on her brother’s face and noticed the missing tooth. Givens also told her that he had been hit in the face with a gun. Givens decided to walk to Bridgeport Hospital but, upon arriving at the hospital, he remembered that there was a warrant out for his arrest because of a violation of probation. He feared that the hospital authorities would notify the police who in turn would discover the outstanding warrant, and left the hospital. At approximately 4 a.m., he called his sister who agreed to pick him up and drive him to Park City Hospital. She drove to the pay phone from which Givens called, and picked up her brother and another man. On the way to the hospital, Givens asked his sister to stop so he could purchase some cigarettes. She stopped at the same convenience store where the earlier incident involving Givens and the defendant had occurred. As she waited for her brother, Wanda observed the defendant, whom she recognized as a person she had seen before, walk past her car.
The defendant’s first two claims assert that there was insufficient evidence to prove beyond a reasonable doubt that the defendant used a “deadly weapon” while committing the 2 a.m. robbery and assault. General Statutes § 53a-3 (6) defines a deadly weapon as “any weapon, whether loaded or unloaded, from which a shot may be discharged . . . .”
“ ‘ “Appellate analysis of a claim of insufficiency of the evidence requires us to undertake a twofold task: We must first review the evidence construing it in the
In order to find that the gun used in the 2 a.m. robbery and assault was operable, as defined in § 53a-3 (6), the jury would be required to infer that the gun used in the 2 a.m. robbery was the same one used by the defendant when he fired the gun into the victim’s mouth causing him life threatening injuries. We find that there was sufficient evidence presented to the jury from which it could have reasonably and logically drawn such an inference. Wanda Givens described the gun fired at 4 a.m. as black and about six to six and one-half inches long. The victim described the gun used during the 2 a.m. robbery as black and indicated that it was approximately the same size as that described by his sister. In addition, the jury was aware that both crimes involved the defendant in possession of a black handgun, that the crimes took place at the same location on the same evening and only two hours apart. Whether such evidence is sufficient is within the province of the jury to decide. State v. Scielzo, 190 Conn. 191, 197, 460 A.2d 951 (1983). It is also for the jury to determine the credibility and the effect to be given the testimony. State v. Grant, 177 Conn. 140, 142, 411 A.2d 917 (1979). Moreover, it is the jury’s right to consider evidence, draw logical deductions and make reasonable inferences from facts proven. State v. Schoenbneelt, 171 Conn. 119,
In his third claim, the defendant argues that the trial court improperly instructed the jury on both subdivisions of § 53a-49 (a).
“There are two essential elements of an attempt under this statute. They are, first, that the defendant had a specific intent to commit the crime as charged, and, second, that he did some overt act adapted and intended to effectuate that intent.” State v. Mazzadra, 141 Conn. 731, 734, 109 A.2d 873 (1954). “ ‘ “[T]he attempt is complete and punishable, when an act is done with intent to commit the crime, which is adapted to the perpetration of it, whether the purpose fails by reason of interruption . . . or for other extrinsic cause.” . . . ’ ” State v. Green, 194 Conn. 258, 276, 480 A.2d 526 (1984), cert. denied, 469 U.S. 1191, 105 S. Ct. 964, 83 L. Ed. 2d 969 (1985); State v. Wilson, 30 Conn. 500, 506 (1862). Both § 53a-49 (a) (1) and (2) require that the state prove both intent and conduct to sustain a conviction. On the evidence, the jury could reasonably have found that the defendant’s intentional conduct, which
The defendant’s fourth claim, that there was insufficient evidence to find him guilty of the 4 a.m. robbery, is wholly without merit. The evidence shows that, while holding the victim at gun point, the defendant went through the victim’s pockets until he found money and then took it. The sufficiency of the evidence analysis stated above in our review of the defendant’s first and second claims is equally applicable here. Construing the evidence in the light most favorable to sustaining the jury’s verdict, we find that the jury could reasonably have concluded that the defendant was guilty of the 4 a.m. robbery.
Finally, the defendant argues that there was insufficient evidence to find him guilty of the 4 a.m. robbery under either subdivision of General Statutes § 53a-133. The trial court in explaining robbery to the jury read to them both subdivisions (1) and (2) of § 53a-133. Again there was evidence before the jury to support a conviction under both subdivisions. Wanda Givens, under threat of being shot, was ordered not to drive away from the scene by the defendant which forced her to
In sum, the defendant’s assertions with regard to sufficiency of the evidence, set forth in his first, second, fourth and fifth claims fail because the evidence supports the verdicts. The defendant’s third claim also fails because the trial court’s charge on attempt was proper and in accordance with applicable law.
The judgment is affirmed.
In this opinion the other judges concurred.
General Statutes § 53a-49 provides in relevant part: “criminal attempt: sufficiency of conduct; renunciation as defense, (a) A person is guilty of attempt to commit a crime if, acting with the kind of mental state required for commission of the crime he: (1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or (2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.”