Opinion
Decided February 27, 1992
The state of Connecticut's petition for certification for appeal from the Appellate Court, 26 Conn. App. 625, is granted, limited to the following issue:
"Under the facts of this case, did the Appellate Court properly determine that the defendant had not waived the claim that sexual assault in the fourth degree is not a lesser included offense of sexual assault in the second degree?"
Marjorie Allen Dauster, deputy assistant state's attorney, in support of the petition.
Sandra Lax, in opposition.