State v. Christon M.

Citations

• 354 Conn. 1

Syllabus

Convicted of numerous crimes, including home invasion and assault in the first degree by means of the discharge of a firearm, in connection with an incident in which the defendant entered a home and shot one of its occupants, the defendant appealed to this court. In the operative information, the state alleged in one of the counts that the defendant had violated the statute (§ 53a-100aa) proscribing home invasion by unlawfully entering the home of another, while other persons were present, and committing the felony of assault in the first degree against one of those persons. Although the state did not specify in the information that the defendant's conduct had violated a particular subsection of or subdivision within § 53a-100aa, the allegations in the home invasion count tracked the language set forth in subdivision (1) of § 53a-100aa (a), which requires proof that the defendant, in the course of committing the home invasion, committed a felony against the person of another. The trial court, however, instructed the jury in accordance with subdivision (2) of § 53a-100aa (a), which requires proof that the defendant, in the course of committing the home invasion, was armed with a deadly weapon. On appeal, the defendant claimed, inter alia, that the trial court had committed plain error when it instructed the jury on a theory of liability that was not charged in the information, in violation of his sixth amendment right to be informed of the nature and cause of the charges against him. Held: In accordance with federal law; see 18 U.S.C. § 2265 (d) (3) (2024); we decline to identify any person protected or sought to be protected under a protection order, protective order, or a restraining order that was issued or applied for, or others through whom that person's identity may be ascertained. 1 354 Conn. 1 JANUARY, 2026 2 State v. Christon M. The trial court did not commit plain error when it instructed the jury on the elements of home invasion in accordance with subdivis