State v. Taveras

Citations

• 342 Conn. 563

Syllabus

The defendant appealed from the judgments of the trial court revoking his probation. The defendant previously had pleaded guilty to various crimes and received a sentence of imprisonment followed by a term of proba- tion. The conditions of the defendant's probation prohibited him from violating any state or federal criminal law. While the defendant was serving his term of probation, he precipitated an incident at his son's preschool. On the day of the incident, B, the preschool's director, received a call from her staff informing her that the defendant was late in picking up his son. B's staff members reported that the defendant arrived in an escalated emotional state and began arguing with them. C, one of the staff members, said something to the defendant as he was exiting the preschool with his son, and, according to an affidavit from the defendant's probation officer, the defendant said to C, ''you better watch your back.'' The defendant tried to get back in the door but was unable to, and then left the preschool. After the state charged the defendant with violating the terms of his probation, the trial court held 12 In accordance with the aggregate package theory, we vacate the defen- dant's sentence in its entirety and remand not only for sentencing on the intentional manslaughter conviction, but also for resentencing on the convic- tions that were not vacated by the Appellate Court, namely, risk of injury to a child and evasion of responsibility in the operation of a motor vehicle. See, e.g., State v. LaFleur, 307 Conn. 115, 164, 51 A.3d 1048 (2012) (''Pursuant to [the aggregate package] theory, we must vacate a sentence in its entirety when we invalidate any part of the total sentence. On remand, the resentenc- ing court may reconstruct the sentencing package or, alternatively, leave the sentence for the remaining valid conviction or convictions intact.'' (Internal quotation marks omitted.)). 564 MARCH, 2022 342 Conn. 563 State v. Taveras an evidentiary heari