State v. Banks
State v. Banks
Opinion of the Court
The defendant appeals from the judgment of conviction, following a jury trial, of four counts of harassment in the first degree in violation of General Statutes § 53a-182b (a).
The jury reasonably could have found the following facts. While the defendant was incarcerated, he wrote letters to the Superior Court judge who had sentenced him. In his brief, the defendant concedes that “it is fair to characterize [those letters] as vile and derogatory, threatening harm to the judge and his family, with antiSemitic and Nazi overtones.” The trial court properly cautioned the jury that evidence ofthe defendant’s prior convictions was not introduced to show a propensity to commit crimes, but only to establish an element of the crime of harassment in the first degree.
Our Supreme Court and this court have both discussed the problem inherent in a prosecution for a crime that makes proof of a prior conviction an element of the crime being prosecuted. State v. Jones, 234 Conn. 324, 662 A.2d 1199 (1995); State v. Joyce, 45 Conn. App. 390, 696 A.2d 993 (1997); State v. Banta, 15 Conn. App. 161, 554 A.2d 1226, cert. denied, 209 Conn. 815, 550 A.2d 1086 (1988).
The state introduced evidence that the defendant was serving twenty-five years to life for felony convictions. The state did not, however, introduce evidence of the specific nature of the felony convictions. The previous sentencing judge testified only in terms of sentencing
While testifying on his own behalf at trial, and when no question was pending, the defendant volunteered that he was convicted of murder and rebuked the state’s attorney for not bringing that fact to the jury’s attention.
It is fundamental that it is not reversible error where evidence that comes into a case through an erroneous ruling is later introduced through another source. In State v. Pannone, 9 Conn. App. 111, 120, 516 A.2d 1359 (1986), cert. denied, 202 Conn. 804, 519 A.2d 1208 (1987) , the trial court denied the defendant’s request that the correction officers accompanying him in the courtroom wear plain clothes to prevent the jury from learning that he was incarcerated. In Pannone, the defendant argued that the trial court’s denial of his motion deprived him of a fair trial because the jury would infer from the uniformed guards that the defendant was presently incarcerated. In Pannone, “the defendant himself took the stand and admitted that he
Instate v. Yates, 174 Conn. 16, 19, 381 A.2d 536 (1977), the trial corut required defense witnesses to testify while dressed in prison attire.
Here, the defendant’s admission that he was presently incarcerated for murder had the effect of nullifying any prejudicial influence that the court’s denial of the motion to bifurcate might have engendered. Accordingly, it would be a futile exercise for this court to perform an analysis of the defendant’s claim that the denial of his motion to bifurcate was improper. We, therefore, decline to review it.
The judgments are affirmed.
In this opinion the other judges concurred.
General Statutes § 53a-182b (a) provides in relevant part: “A person is guilty of harassment in the first degree when, with the intent to harass, annoy, alarm or terrorize another person, he threatens to kill or physically injure that person or any other person, and communicates such threat by telephone, or by telegraph, mail computer network, as defined in section 53a-250, or any other form of written communication, in a manner likely to cause annoyance or alarm and has been convicted of . . . a class A felony [or] a class B felony . . . .” (Emphasis added.)
The trial court instructed the jury as follows: “[T]he state has offered evidence that the defendant, Mr. Banks here, has previously been convicted of crimes. As a general rule, evidence of other crimes is not admissible to prove a defendant, guilty of the crimes with which he is now charged. If you find that the defendant has previously been convicted of crimes you must not, consider that as evidence of bad character or a tendency to commit criminal acts. Evidence of the defendant’s prior conviction has been offered only for the puipose of establishing an element of the crimes with which he is presently charged, for the purpose of identification of the defendant with the crimes presently charged and for the purpose of showing a motive on the part, of the defendant to commit the crimes presently charged. If you find from the evidence that the defendant has previously been convicted of crimes, I emphasize that you may consider such evidence of convictions only lor those specific purposes that I just mentioned and not as evidence of bad character or propensity to commit criminal conduct.”
The defendant concedes that the class B felony was attempted murder despite indication in part of the record that the convictions may have been for assault in the first degree. Because both crimes are class B felonies, the difference is of no significance in this appeal.
“[State’s Attorney]: And presumably you thought that it would upset him because if the letters didn’t upset him he wouldn’t do anything about them, isn’t that right?
“[The Defendant,]: Yeah, because judges are hot shit. You’re not supposed to threaten them.
“[State’s Attorney]: And now—
“[The Defendant]: And the twenty-five to life is murder, by the way, how come you don’t come into that?
“[State’s Attorney]: The twenty-five to life is for murder?
“ [The Defendant]: You keep on saying that twenty-five to life and I thought that the jury has to hear tha,t it is for murder.
“[State’s Attorney]: Well, now that you have told them they know.
“[The Defendant]: Yeah.” (Emphasis added.)
This was prior to the adoption of Practice Book § 967 which prohibits requiring witnesses to appear in court in distinctive prison clothing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.