14 Conn. App. 169 | Conn. App. Ct. | 1988
The defendant appeals from the judgment of conviction, after a jury trial, of the crime of larceny in the second degree in violation of General Statutes § 53a-123 (a) (1).
On June 26, 1981, the owner of a red 1980 Yamaha motorcycle parked it in front of the Acme Shopping Mall in Hamden and entered the mall. When he returned he discovered that his motorcycle was missing but that its ignition system was on the ground where the motorcycle had been parked. He immediately notified the
The sole claim of error before this court is whether the court erred in failing to instruct the jury that they could find the defendant guilty of the lesser offense of using a motor vehicle without the owner’s permission under General Statutes § 53a-119b.
A defendant is entitled to an instruction on a lesser included offense when: “(1) an appropriate instruction is requested by the defendant; (2) it is not possible to commit the greater offense, in the manner described in the information or bill of particulars, without having first committed the lesser; (3) there is some evidence, introduced by either the state or the defendant, or by a combination of their proofs, which justifies conviction of the lesser offense; and (4) the proof of the element or elements which differentiate the lesser
The defendant filed a written request to charge which merely asked that the court instruct the jury that using a motor vehicle without the owner’s permission was a lesser included offense of the crime charged. It did not refer to any facts or evidence which would support the request as required by Practice Book § 854.
In view of our conclusion that the defendant’s request to charge failed to conform to the requirements of Practice Book § 852 and State v. Whistnant, supra, we will not consider the merits of his claim that using a motor vehicle without the permission of the owner is a lesser included offense of possession of a stolen motor vehicle.
There is no error.
General Statutes § 53a-119b provides in relevant part: “A person is guilty of using a motor vehicle without the owner’s permission when: (1) He operates or uses, or causes to be operated or used, any motor vehicle unless he has the consent of the owner; or (2) he obtains the consent of the owner to the use of his motor vehicle by fraud or fraudulent means, statement or representations.”
Practice Book § 854 provides in relevant part: “[R]equests . . . shall be in separate and numbered paragraphs, each containing a single proposition of law clearly and concisely stated with the citation of authority upon which it is based, and the evidence to which the proposition would apply.”