State v. Olivero

Citations

• 219 Conn. App. 553

Syllabus

Convicted, after a jury trial, of the crime of assault in the first degree in connection with his attack on H with a handsaw, the defendant appealed to this court. The defendant lived in a condominium owned by K, with whom the defendant had a relationship. Approximately two weeks before the assault on H, the relationship between the defendant and K became strained and the defendant began staying with his mother. However, the defendant retained keys to the condominium, kept per- sonal belongings there, and went to and from the condominium at will. The night prior to the assault, in a series of text messages between K and the defendant, K asked the defendant to return his keys and indicated to him that he was no longer allowed to live there. The next night, K went out for dinner and drinks with H, an acquaintance she met a few months earlier and with whom she had exchanged text messages. They returned to the condominium so H could wait for his car service. H and K were unaware that the defendant was in the condominium. When H exited the bathroom in the condominium, the defendant attacked him with a handsaw, severely injuring him. The defendant was charged with assault in the first degree, burglary in the first degree, and home invasion. Prior to trial, the court denied the defendant's request to present the testimony of K and himself in support of his motion to dismiss the charges of burglary in the first degree and home invasion. The trial court denied the motion to dismiss. At trial, the jury was unable to reach a unanimous verdict on the first degree burglary and home invasion charges and the court declared a mistrial as to those charges. Held: 1. The trial court properly denied the defendant's pretrial motion to dismiss the first degree burglary and home invasion charges: contrary to the defendant's claim that there was insufficient evidence to establish that the defendant had unlawfully entered or remained in the condominium, the proffered proof, viewed in the li