37 Conn. App. 219 | Conn. App. Ct. | 1995
The defendant appeals from the judgment of conviction, after a jury trial, of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4), conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-134 (a) (4) and 53a-48, and larceny in the third degree in violation of General Statutes § 53a-124 (a) (1). We affirm the judgment of the trial court.
In view of our disposition of the case, a recitation of the facts would serve no purpose. The defendant’s appeal is based on seven claims, which he argues are
Under Golding, “a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.” State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). “ ‘The first two conditions are determinations of whether a defendant’s claim will be reviewed, and the third condition involves a review of the claim itself.’ ” State v. Cardany, 35 Conn. App. 728, 733, 646 A.2d 291, cert. denied, 231 Conn. 942, 648 A.2d 149 (1994), quoting State v. Graham, 33 Conn. App. 432, 442, 636 A.2d 852, cert. denied, 229 Conn. 906, 640 A.2d 117 (1994); Wilson v. Cohen, 222 Conn. 591, 603, 610 A.2d 1177 (1992).
Quixotic efforts to gain review of unpreserved claims are not new to appellate jurisprudence. In 1982, justice Parskey aptly articulated the challenge confronting an appellant in such a situation. “Putting a constitutional tag on a nonconstitutional claim will no more change its essential character than calling a bull a cow will change its gender. If a word to the wise will do it, then suffice it to observe that the Evans . . .
We have carefully considered the defendant’s brief and oral argument and conclude that none of his claims is reviewable under the first two prongs of Golding.
The defendant seeks review of the remaining three claims under the plain error doctrine. Practice Book § 4185.
We conclude that no issue raised by the defendant is entitled to review.
The judgment is affirmed.
State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973); State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989).
Practice Book § 4185 provides in pertinent part: “The court on appeal shall not be bound to consider a claim unless it was distinctly raised at the trial or arose subsequent to the trial. The court may in the interests of justice notice plain error not brought to the attention of the trial court. . . .”