Summary
In State v. Miranda, 272 Conn. 430, 864 A.2d 1 (2004), we reversed our decision in Miranda I, for reasons to be explained in a forthcoming opinion.
Summary of this case from State v. Bethzaida PaduaOpinion
No. (SC 17088).
Argued March 24, 2004.
Officially released December 22, 2004.
On December 22, 2004, this decision was released as a slip opinion.
Substitute information charging the defendant with twenty-five counts of the crime of assault in the first degree and one count of the crime of risk of injury to a child, brought to the Superior Court in the judicial district of New Haven and tried to the court, Fracasse, J.; judgment of guilty of one count of risk of injury to a child and six counts of assault in the first degree, from which the defendant appealed to the Appellate Court, Foti, Landau and Heiman, Js., which reversed in part the trial court's judgment and remanded the case with direction to render judgment of not guilty on the six counts of assault in the first degree, and the state, on the granting of certification, appealed to this court, which reversed the Appellate Court's judgment and remanded the case to that court for further proceedings; thereafter, the Appellate Court, Foti, Landau and Dupont, Js., reversed in part the trial court's judgment and remanded the case with direction to render judgment of not guilty on the six counts of assault in the first degree, and, on the granting of certification, the state appealed and the defendant cross appealed to this court, which reversed in part the Appellate Court's judgment and remanded the case to that court with direction to affirm the trial court's judgment of guilty with respect to two counts of assault in the first degree and one count of risk of injury to a child and to remand the case to the trial court to resentence the defendant accordingly; on remand, Hon. Ronald J. Fracasse, judge trial referee, imposed a new sentence, and the defendant appealed. Reversed in part; judgment directed.
Daniel J. Krisch, with whom were Michael S. Taylor and, on the brief, Kenneth J. Bartschi and Julia K. Ulrich, legal intern, for the appellant (defendant).
Nancy L. Chupak, assistant state's attorney, with whom, on the brief, was Michael Dearington, state's attorney, for the appellee (state).
Opinion
This case returns to us for a third time. See State v. Miranda, 260 Conn. 93, 794 A.2d 506 (2002) ( Miranda II); State v. Miranda, 245 Conn. 209, 715 A.2d 680 (1998) ( Miranda I). In this appeal, for reasons we will give in a full opinion in due course, we conclude that as a matter of state law, we should reverse our conclusion in Miranda I that the defendant, Santos Miranda, could be convicted of assault in the first degree in violation of General Statutes § 53a-59 (a) (3).
The judgment with regard to the defendant's conviction on counts five and ten of the information for assault in the first degree in violation of § 53a-59 (a) (3) is reversed and the case is remanded to the trial court with direction to render judgment dismissing the charges in those counts of the information.
As a result of today's decision, the defendant stands convicted of only one count of the information, risk of injury to a child. With regard to the defendant's conviction of risk of injury, we will decide in the full opinion to be issued at a later date whether resentencing on that charge is required. We note, however, that the defendant was sentenced on December 2, 1994, to the maximum sentence of ten years imprisonment on the risk of injury count, and has now served that sentence in full. Pursuant to Practice Book §§ 60-2 and 60-3, we therefore order that the defendant be released by Judge Fracasse or any available Superior Court judge not later than December 28, 2004, on the defendant's written promise to appear as an appeal bond pending the final judgment in this appeal.