State v. White

Citations

• 195 Conn. App. 618

Syllabus

Convicted, after a jury trial, of the crimes of home invasion, robbery in the first degree, conspiracy to commit burglary in the first degree and tampering with a witness, the defendant appealed to this court. The defendant's conviction stemmed from an incident in which he and two other men, D and L, pursuant to their plan to commit a home invasion and robbery, followed the victim to his residence, forced him into the residence at gunpoint and robbed him of various possessions, including his credit and ATM cards, two rifles, a box of shotgun shells, and a vase containing approximately $75 in coins. During their investigation, the police obtained a warrant to search the defendant's residence and to seize any items that were described in the warrant application and supporting affidavit as either having been removed from the victim's residence or used or worn by the defendant during the commission of the home invasion. Upon execution of the warrant, the police seized several items, including a box of 20 gauge shotgun shells and a black ski mask. Prior to trial, the defendant filed a motion to suppress any and all evidence that the police seized from his residence. The trial court denied the motion, concluding, inter alia, that the search warrant was supported by probable cause. During the trial, the state called D, who testified in detail about the events leading up to and including the home invasion, and the defendant's involvement therein. D also testified that he had entered into a plea agreement with the state, pursuant to which he pleaded guilty to the crime of burglary in the first degree and agreed to testify for the state in exchange for a sentence of between seven and nine years of imprisonment. The plea agreement, which was admitted into evidence without objection, expressly provided that the ultimate decision as to the sentence that D received would be decided by the judge who presided over the defendant's trial, after consideration of the credibility of D's