State v. Polanco
Annotate this CaseAfter a jury trial, Defendant was convicted of possession of a narcotic substance with intent to sell by a person who is not drug-dependent in violation of Conn. Gen. Stat. 21a-278 and possession of a narcotic substance with intent to sell in violation of Conn. Gen. Stat. 21a-277. Because Defendant's convictions were for greater and lesser included offenses arising out of the same transaction, the appellate court held that Defendant's section 21a-277 conviction must be merged with his section 21a-278 conviction and that the sentence for the former, lesser included offense must be vacated. Defendant appealed. The Supreme Court reversed in part, holding that, when a defendant has been convicted of greater and lesser included offenses, the trial court must vacate the conviction for the lesser offense rather than merging the convictions pursuant to State v. Chicano. Remanded.
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