State v. Cavell

Full title: STATE OF CONNECTICUT v. SCOTT CAVELL

Court: Appellate Court of Connecticut

Date published: Oct 18, 1994

36 Conn. App. 912 (Conn. App. Ct. 1994)

649 A.2d 262

Opinion

(10605)

Submitted September 19, 1994

Decision released October 18, 1994

Substitute information charging the defendant with two counts of the crime of sexual assault in the first degree and with the crime of kidnapping in the first degree, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and tried to the jury before Spada, J.; verdict and judgment of guilty of one count of sexual assault in the first degree, from which the defendant appealed to this court, which affirmed the trial court's judgment, and the defendant, on the granting of certification, appealed to the Supreme Court, which remanded the case to this court for reconsideration. Affirmed.

Richard Emanuel, assistant public defender, for the appellant (defendant).

Susan C. Marks, assistant state's attorney, with whom, on the brief, were James E. Thomas, state's attorney, and John Massameno, assistant state's attorney, for the appellee (state).

FOTI, J.

This matter is before us on remand from our Supreme Court. We previously considered it in State v. Cavell, 34 Conn. App. 276, 641 A.2d 426, remanded for reconsideration, 231 Conn. 902, 645 A.2d 1021 (1994). The Supreme Court ordered us to reconsider our judgment in light of State v. Robinson, 230 Conn. 591, 646 A.2d 118 (1994). Having reconsidered, we affirm our prior judgment.

FOTI, J.

In this opinion HEIMAN, J., concurred.

O'CONNELL, J., dissenting.

For the reasons set forth in State v. Cavell, supra, 34 Conn. App. 295-303, ( O'Connell, J., dissenting), I adhere to my dissent from that decision.