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State v. Allen

Appellate Court of Connecticut
Dec 16, 2003
80 Conn. App. 573 (Conn. App. Ct. 2003)

Opinion

(AC 22213).

Argued October 28, 2003.

Officially released December 16, 2003.

Procedural History

Substitute information charging the defendant with two counts of the crime of assault in the first degree, and with one count each of the crimes of murder, carrying a pistol or revolver without a permit and criminal possession of a pistol or revolver, brought to the Superior Court in the judicial district of Fairfield, where the charges of assault in the first degree and murder were tried to the jury before Hauser, J., and the charge of criminal possession of a pistol or revolver was tried to the court; verdict and judgment of guilty of carrying a pistol or revolver without a permit and criminal possession of a pistol or revolver, from which the defendant appealed to this court. Reversed; judgment directed.

Martin Zeldes, senior assistant public defender, with whom were Ruth D. Weissmann, certified legal intern, and, on the brief, Amy Dona, certified legal intern, for the appellant (defendant).

Frederick W. Fawcett, supervisory assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and C. Robert Satti, Jr., senior assistant state's attorney, for the appellee (state).


Opinion


The defendant, Tyrone Allen, was convicted, following a jury trial, of carrying a pistol without a permit in violation of General Statutes § 29-35 (a). The defendant also was convicted, after a simultaneous trial to the court, of criminal possession of a pistol or revolver in violation of General Statutes § 53a-217c. On appeal, the defendant claims that there was insufficient evidence to prove that the barrel of the firearm in question was less than twelve inches in length, a necessary element of the offenses.

The defendant raised two additional claims that we do not address because the resolution of his first claim is dispositive of his appeal.

The state concedes, and we agree after examining the record, that there was insufficient evidence to sustain the conviction. See State v. Gallichio, 71 Conn. App. 179, 182, 800 A.2d 1261 (2002). Accordingly, we reverse the conviction.


Summaries of

State v. Allen

Appellate Court of Connecticut
Dec 16, 2003
80 Conn. App. 573 (Conn. App. Ct. 2003)
Case details for

State v. Allen

Case Details

Full title:STATE OF CONNECTICUT v. TYRONE ALLEN

Court:Appellate Court of Connecticut

Date published: Dec 16, 2003

Citations

80 Conn. App. 573 (Conn. App. Ct. 2003)