State v. Bernacki
Annotate this CaseThe sole issue in this certified appeal was whether Defendant's conviction of, and punishment for, both criminal possession of a firearm in violation of Conn. Gen. Stat. 53a-217(a)(3)(A) and criminal violation of a protective order in violation of Conn. Gen. Stat. 53a-223(a) violated his federal and state constitutional protections against double jeopardy. The appellate court affirmed. On appeal, Defendant contended that the appellate court improperly concluded that the legislature clearly intended to permit multiple punishments for the same offense and, therefore, that his two convictions were not a double jeopardy violation. The Supreme Court affirmed, holding section 53a-217(a)(3)(A) and 53a-223(A) are not the "same offense" under Blockburger v. United States, as applied by Chief Justice Rehnquist in his concurring opinion in United States v. Dixon, and there is no evidence that the legislature clearly intended to preclude defendants from being convicted of, and punished for, committing both offenses.
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