We conclude that the defendant waived his lesser included offense claim; therefore, we reverse and remand this case to the Appellate Court for a determination of whether the evidence was sufficient to support a conviction of sexual assault in the fourth degree. Construing State v. Hahn, 207 Conn. 555, 541 A.2d 499 (1988), and State v. Scognamiglio, 202 Conn. 18, 519 A.2d 607 (1987), to require an amendment to the information pursuant to Practice Book 624, the Appellate Court never considered whether the defendant's agreement to the instruction on the lesser included offense amounted to his waiver of the claim. State v. Sirimanochanh, 26 Conn. App. 625, 638 n. 11, 602 A.2d 1029 (1992).

" These cases provide limited guidance, however, because, in Pennsylvania and Connecticut, mortgages are considered conveyances of legal title. ( State v. Hahn (1988) 207 Conn. 555, 562 [ 541 A.2d 499].) In contrast, under California law, a mortgage or deed of trust is a lien on property.

In Connecticut, the essential terms of a contract for the sale of real property include the parties, a description of the subject of the sale, and the terms of payment, including a basis for determining the total purchase price and the amount, if any, of the purchase money mortgage. See Suffield Development Associates, Ltd. v. Society for Savings, 243 Conn. 832, 843, 708 A.2d 1361 (1998); State v. Hahn, 207 Conn. 555, 562, 541 A.2d 499 (1988); Robert Lawrence Associates, Inc. v. Del Vecchio, 178 Conn. 1, 11, 420 A.2d 1142 (1979); Turner v. Hobson, 16 Conn. App. 240, 244, 547 A.2d 111 (1988). In this case, the option agreement contained the minimum essential terms of a binding purchase and sale agreement for real estate.

A person falsely completes a written instrument in violation of this statute when that person, "by adding, inserting or changing matter . . . transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects . . . fully authorized by its ostensible . . . drawer." General Statutes § 53a-137(5); see State v. Hahn, 207 Conn. 555, 561, 541 A.2d 499 (1988). In this case, the jury also reasonably could have determined that the checks drawn on the accounts of Beth Anne Onderko and St. Pauls Inn, and presented by the defendant to Gateway Bank, had been falsely completed.

The Appellate Court therefore was incorrect when it reversed the trial court and ordered a judgment of acquittal because the state had failed to prove that the defendant had intended to benefit and had benefited both himself and a third person by diverting the water department's resources. The Appellate Court relied principally upon State v. Hahn, 207 Conn. 555, 541 A.2d 499 (1988), for its conclusion that the state was required to prove both ways of committing larceny in the fifth degree alleged in the statement of essential facts. Hahn, however, is distinguishable.

(Citations omitted; internal quotation marks omitted.) State v. Hahn, 207 Conn. 555, 560, 541 A.2d 499 (1988). "`"In this process of review, it does not diminish the probative force of the evidence that it consists, in whole or in part, of evidence that is circumstantial rather than direct.

The statement of essential facts delineates the precise contours of the charge against the defendant. See State v. Hahn, 207 Conn. 555, 559, 541 A.2d 499 (1988). In it, the state alleged that the defendant, by his actions, "received monetary gain for himself and another."

We, therefore, need not reach the question of whether the defendant's agreement that the court should charge the jury on the offense of sexual assault in the fourth degree was tantamount to his "express consent" as provided in Practice Book 624. See State v. Hahn, 207 Conn. 555, 564, 541 A.2d 499 (1988); State v. Scognamiglio, 202 Conn. 18, 21-25, 519 A.2d 607 (1987). II

Instead, the state elected to proceed on the very specific allegation of a sale. See State v. Hahn, 207 Conn. 555, 563-65, 541 A.2d 499 (1988). When called upon to review a challenge to the sufficiency of the evidence, we are required to apply a two-pronged analysis.

Our role in evaluating the sufficiency of the evidence to support a jury verdict is well settled. "We first construe the evidence presented at trial in a light most favorable to sustaining the verdict, and then determine whether the jury could reasonably have found, `"upon the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt. . . ."'" State v. Hahn, 207 Conn. 555, 560, 541 A.2d 499 (1988); State v. Washington, 15 Conn. App. 704, 715, 546 A.2d 911 (1988). We do not sit as a thirteenth juror, and do not ask whether we believe the evidence established guilt beyond a reasonable doubt, but rather, whether, after viewing the evidence in the light most favorable to the state, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.