Summary
The Connecticut Supreme Court affirmed the Appellate Court’s judgment upholding Clifton E. Kennedy’s conviction for robbery in the first degree, unlawful restraint in the second degree, and larceny in the sixth degree. The court concluded that the Appellate Court properly resolved Kennedy’s sufficiency-of-the-evidence challenge concerning whether his threats constituted a threat to use a firearm under General Statutes § 53a-134(a)(4).
Topics
Practice areas
Questions Presented
- Whether sufficient evidence supported Kennedy's conviction for first-degree robbery under General Statutes § 53a-134 (a) (4), which applies when a participant displays or threatens the use of what he represents by words or conduct to be a firearm.
Holdings
- The Appellate Court properly concluded that sufficient evidence supported the jury's verdict convicting Kennedy of first-degree robbery under § 53a-134 (a) (4); the judgment affirming the conviction was therefore affirmed.
Key quotations
“The thoughtful and comprehensive majority opinion of the Appellate Court properly resolved the issue in this certified appeal. Further discussion by this court would serve no useful purpose.” (805)
Factual background
Kennedy and Lopez confronted Cecile Lawrence as she walked to work, demanded money, and repeatedly threatened to 'do' her. Kennedy pulled Lawrence's backpack so that her arms were drawn behind her while Lopez searched her clothing and removed personal property. Lawrence later identified the men, and most of her property was recovered after they were found going through the backpack.
Procedural history
Kennedy and codefendant Albert Lopez were tried together and convicted of first-degree robbery, second-degree unlawful restraint, and sixth-degree larceny. The Appellate Court affirmed the convictions, rejecting Kennedy's sufficiency challenge to the first-degree robbery conviction. The Supreme Court affirmed the Appellate Court's judgment in a per curiam opinion, adopting the Appellate Court majority's reasoning without further discussion.