Opinion
(10498)
Decision released April 10, 1983
Information charging the defendant with the crime of conspiracy to commit arson in the second degree, brought to the Superior Court in the judicial district of Fairfield at Bridgeport and tried to the jury before Callahan, J.; verdict and judgment of guilty and appeal by the defendant to this court which found error and ordered a new trial. On petition by the state to the United States Supreme Court for a writ of certiorari that court vacated the judgment and remanded the case to this court for further consideration.
On January 23, 1984, the United States Supreme Court granted the state of Connecticut's petition for a writ of certiorari from our original opinion in this case; State v. Schonagel, 189 Conn. 752, 459 A.2d 106 (1983); vacated the judgment, and remanded the case to this court for further consideration in light of Michigan v. Clifford, 464 U.S. 287, 104 S.Ct. 641, 78 L.Ed.2d 477 (1984). Connecticut v. Schonagel, 465 U.S. ___, 104 S.Ct. 990, 79 L.Ed.2d 224 (1984). The defendant withdrew his appeal before the date scheduled for argument on the remand. Given that withdrawal, we are unable to consider the matter further and the trial court's judgment must stand.