State v. Luciano

Citations

• 204 Conn. App. 388

Syllabus

Convicted of the crimes of assault in the second degree and conspiracy to commit assault in the first degree in connection with a fight at a bar, the defendant appealed to this court. One victim of the fight, C, suffered a head wound as a result of being punched, and the other victim, T, was struck by a bat and suffered, inter alia, a fractured ankle. Although there was evidence that the defendant exchanged punches with C, no evidence was presented that the defendant wielded the bat or as to the identity of the person who did. The defendant claimed, inter alia, that the evidence was insufficient to support his conviction. Held: 1. The evidence adduced at trial was insufficient to support the defendant's conviction of conspiracy to commit assault in the first degree: there was no evidence presented or any reasonable inference that could have been drawn that a relationship existed between the defendant and the unidentified person who wielded the bat or that they engaged in any coordinated action, and an inference by the jury that the defendant had entered into an agreement with that person would be based on impermissible conjecture; moreover, the brief nature of the incident supported the conclusion that, even if the defendant saw the individual with the bat while he continued to exchange punches with C for a short period of time, there could not have been an inference that his continued participation in the fight supported an inference of an agreement with the bat wielding individual, and, accordingly, a judgment of acquittal of that crime was directed. 2. There was insufficient evidence presented at trial to establish that C's injuries were caused by means of a dangerous instrument, as C did not testify and the evidence established only that the defendant had exchanged punches with C and C was later transported to a hospital, and, accordingly, a judgment of acquittal of assault in the second degree was directed. Argued February 4—officially released May 4, 2021