State v. Overstreet

Citations

• 232 Conn. App. 273

Syllabus

Convicted of illegal possession of a weapon in a motor vehicle, the defendant appealed to this court. The defendant claimed, inter alia, that the trial court improperly denied his motion to suppress the evidence seized from his vehicle. Held: This court declined to review the defendant's unpreserved claim that the trial court should have suppressed the machete that had been seized from his vehicle because the record was not adequate for review, and, accordingly, the claim failed under the first prong of the test for reviewing a claim of constitutional error not preserved at trial set forth in State v. Golding (213 Conn. 233). This court declined to review the defendant's unpreserved claim that his conviction of illegal possession of a weapon in a motor vehicle in violation of statute (§ 29-38) violated his right to bear arms under the second amend- ment to the United States constitution because the claim was unreviewable under the first prong of Golding. The defendant's unpreserved claim that § 29-38 was unconstitutionally vague as applied to him in violation of his due process rights failed under the third prong of Golding because the defendant failed to meet his burden of establishing that an alleged constitutional violation existed. This court declined to review the defendant's unpreserved claim that § 29-38 was unconstitutionally overinclusive in violation of his right to due process because the record was inadequate to review the claim, and, accordingly, it failed under the first prong of Golding. Argued January 13—officially released April 29, 2025