State v. Ares
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The Supreme Court affirmed in part and reversed in part Defendant's conviction for one count of arson in the first degree, eight counts of reckless endangerment in the first degree, and four counts of risk of injury to a child, holding that the trial court committed reversible error by applying incorrect and convincing Defendant under a provision he was not formally charged with violating.
On appeal, Defendant raised three claims of error relating to his conviction on the counts alleging risk of injury to a child. The Supreme Court reversed the conviction in part, holding (1) this Court's reading of State v. Schriver, 542 A.2d 686 (Conn. 1988), and its progeny leads it to reject Defendant's first two claims on this record; and (2) the trial court committed reversible error by finding Defendant guilty of risk of injury to a child based on its application of the elements of the situation prong rather than of the act prong, as originally charged.
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