Opinion
11-06-2019
STATE of Connecticut v. James Henry WATSON
Alice Osedach, assistant public defender, in support of the petition. Timothy F. Costello, assistant state's attorney, in opposition.
Alice Osedach, assistant public defender, in support of the petition.
Timothy F. Costello, assistant state's attorney, in opposition.
The defendant's petition for certification to appeal from the Appellate Court, 192 Conn. App. 353, 217 A.3d 1052 (2019), is granted, limited to the following issue:
‘‘Should this court overrule State v. Morales, 164 Conn. App. 143, 136 A.3d 278, cert. denied, 321 Conn. 916, 136 A.3d 1275 (2016), in which the Appellate Court held that a trial court's postverdict determination of whether the crimes of strangulation, unlawful restraint, and assault occurred ‘upon the same incident’ under General Statutes § 53a-64bb (b) does not violate a criminal defendant's constitutional right to a jury trial?"
MULLINS, J., did not participate in the consideration of or decision on this petition.