State v. Devalda
Annotate this CaseAfter a jury trial, Defendant was convicted of sexual assault in the first degree and kidnapping in the first degree in violation of Conn. Gen. Stat. 53a-92(a)(2)(A). After a trial to the court, Defendant was convicted of violation of probation. Defendant appealed, raising two claims of error. The Supreme Court reversed in part the judgment of the trial court, holding (1) the court erred in omitting limiting language in instructing the jury that the phrase "without consent," as defined by Conn. Gen. Stat. 53a-91(a)(1) includes "any means whatsoever, including acquiescence of the victim," for purposes of the restraint element of section 53a-92(a)(2); and (2) it was reasonably possible that the trial court's improper instruction had the effect of misleading the jury, and a new trial was, therefore, required on the kidnapping charge.
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