State v. Carlos G.

Citations

• 354 Conn. 21

Syllabus

Convicted of five counts of sexual assault in the first degree, among other crimes, in connection with the sexual abuse of two children, the defendant appealed to this court. Each count of sexual assault in the state's informa- tion was premised on multiple, separate instances of a specific sexual act committed by the defendant against one of the victims while that victim was attending a day care located in the defendant's home. Prior to delibera- tions, the trial court gave the jury a specific unanimity charge for each count of sexual assault, which instructed the jurors that they were required to unanimously agree on the defendant's guilt with respect to at least one of the instances of conduct alleged in each count in order to find the defendant guilty in connection with any particular count. Held: The defendant could not prevail on his unpreserved claim that his right under the federal constitution to a unanimous jury verdict was violated when the trial court, having provided the jury with proper specific unanim- ity instructions, nevertheless failed to require the jurors to answer special interrogatories on the subject of unanimity with respect to each alleged instance of conduct in the sexual assault counts. The defendant failed to demonstrate that the United States constitution requires the use of such interrogatories in addition to specific unanimity instructions when the state has charged a defendant in a single count with violating a single statute in multiple, separate instances. Argued October 30, 2025—officially released January 20, 2026