State v. Wright

Citations

• 235 Conn. App. 143

Syllabus

Convicted, following a jury trial, of sexual assault in the first degree, sexual assault in the second degree, and risk of injury to a child, the defendant appealed. Following the second day of trial, the defendant did not appear in court, and the court completed the trial and sentenced the defendant in absentia. On appeal, the defendant claimed, inter alia, that the evidence was insufficient to support certain of his convictions. Held: The jury reasonably could have concluded that the cumulative force of the evidence established the defendant's guilt beyond a reasonable doubt, as there was sufficient evidence that the defendant's abuse of the victim occurred after the victim turned thirteen years old, as required to sustain his convictions of sexual assault in the second degree and risk of injury to a child. The defendant's unpreserved claim that the trial court violated his constitu- tional rights to due process and to counsel by denying his midtrial requests for a continuance failed under the third prong of State v. Golding (213 Conn. 233), as the defendant failed to show that the alleged constitutional violations existed. The trial court did not abuse its discretion in denying the defendant's requests for a midtrial continuance, as the court considered the status of the case, made reasonable efforts to accommodate the defendant, and marked off two days of trial testimony to allow the defendant to prepare. The trial court did not commit plain error in failing to advise the defendant of the consequences of failing to appear and in trying and sentencing him in absentia, as the defendant's conduct constituted a waiver of his right to be present at both his trial and sentencing, and the defendant failed to make a showing that this case presented circumstances extraordinary enough to merit this court's exercise of its supervisory authority. The trial court did not abuse its discretion in denying defense counsel's motion for a mistrial when the defendant failed to appe