State v. Apt
Annotate this CaseAfter a jury trial, Defendant was found guilty of larceny in the third degree. The State sought to have Defendant’s sentence enhanced under Conn. Gen. Stat. 53a-40b because Defendant had committed the larceny while he was released on bond. Prior to the hearing on the sentence enhancement, the records for Defendant’s previous arrests had been erased in accordance with Conn. Gen. Stat. 54-142a. The trial court allowed the State to introduce those records into evidence and, relying solely on those records, found that Defendant had committed the larceny while he was on release. The Appellate Court reversed, concluding that the trial court had improperly allowed the State to introduce the erased records and that the State could not seek to prove the basis for the sentence enhancement at a new hearing. The Supreme Court reversed in part, holding (1) the trial court improperly permitted the State to introduce the erased records to prove the basis for the sentence enhancement under section 53a-40b; but (2) on remand, the State is not foreclosed from seeking to establish the basis for Defendant’s sentence enhancement by use of evidence other than the erased records.
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