State v. Antwon B.

Citations

• 236 Conn. App. 428

Syllabus

Convicted of the crimes of manslaughter in the first degree with a firearm, attempt to commit assault in the first degree and larceny in the third degree, the defendant appealed. The defendant's conviction arose from an incident in which he shot the victim forty-two times and attempted to shoot his former girlfriend, L, in the face. After the shooting, the defendant drove his vehicle to his place of employment, an offsite airport parking lot, and took a vehicle owned by S, which he eventually drove to a police station and turned himself in. At trial, L testified that, after firing many bullets at the victim, the defendant put a gun to her face and pulled the trigger, but nothing happened, and that the defendant subsequently reloaded the gun and put it back in her face but thereafter shot the victim again and not her. The defendant claimed, inter alia, that there was insufficient evidence to convict him of attempt to commit assault in the first degree with a firearm and larceny in the third degree. Held: There was sufficient evidence to support the defendant's conviction of attempt to commit assault in the first degree with a firearm, as the jury was free to credit L's testimony that the defendant pulled the trigger the first time he put the gun to her face and reasonably could have inferred from this evidence that the defendant intended to shoot L and cause her serious physical injury. There was sufficient evidence from which the jury could find beyond a reasonable doubt that the defendant was guilty of larceny in the third degree, as the evidence established that S did not know the defendant and was out-of-state at the time the defendant took his vehicle and, thus, the jury reasonably could conclude that the defendant's taking occurred without S's knowing consent and in the course of his flight from the scene of the shooting, and, although the defendant eventually drove S's vehicle to a police station and left it there, at the time he took the vehicle, it was with