State v. Shawn G.

Citations

• 208 Conn. App. 154

Syllabus

Convicted, after a jury trial, of the crimes of possession of narcotics with intent to sell by a person who is not drug-dependent, criminal possession of a revolver and risk of injury to a child, and, after a plea of guilty, of being a persistent serious felony offender, the defendant appealed to this court, claiming that the evidence was insufficient to sustain his conviction and that the trial court improperly declined to issue a capias he requested. The police had executed a search warrant on the defen- dant's apartment, where he lived with his wife and minor stepchildren. During their search of the apartment, the police found, inter alia, a loaded revolver and cash in a storage container, crack cocaine in a dresser drawer, used drug baggies that tested positive for cocaine resi- due and a digital scale. Two cell phones also were found during a search of the defendant's person. The defendant told the police that the revolver was his and that he had bought it to protect his family. Held: 1. The evidence was sufficient to support the defendant's conviction of the weapon and drug charges, but his conviction of risk of injury to a child could not stand: a. The evidence was sufficient to establish that the defendant had domin- ion and control over and constructively possessed the revolver, as his ownership of the revolver was the ultimate manifestation of dominion and control; the defendant's admission to the police that he purchased the revolver to protect his family supported the conclusion that he intended to exercise dominion and control over it by using it for that purpose, and, notwithstanding his contention that he was not in exclusive possession of the apartment and that the state never proved that he resided there at the time of the search, there was abundant evidence from which the jury could conclude that the defendant lived there, includ- ing the concession by his counsel that he spent time there with his wife and family, and, that the revolver was found i