State v. Soto
State v. Soto
Opinion
The defendant, Luis Xavier Soto, appeals from the judgment of conviction rendered after a jury trial of one count of criminal possession of a pistol in violation of General Statutes § 53a-217c (a) (1) and
one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendant's sole claim on appeal is that this court should remand the case for a new trial because the jury's verdict was against the weight of the evidence. We decline to review the defendant's claim because it is unpreserved and not entitled to review under
State
v.
Golding
,
The jury reasonably could have found the following facts. On June 11, 2014, at approximately 5 a.m., police officers with the Statewide Urban Violence Cooperative Crime Control Task Force (task force) executed a search warrant on the second floor apartment at 217 Hough Avenue in Bridgeport. The task force had obtained the warrant on the basis of a confidential informant's tip that Francisco Pineiro, the defendant's cousin, was in possession of a black semiautomatic handgun. When the task force officers applied for the warrant, they believed that, in addition to Pineiro, Christina Jimenez and her two children resided at the apartment.
Upon entering the apartment, task force officers encountered Pineiro, Jimenez, two children aged ten and five, and the defendant. Some of the task force officers detained the apartment's occupants in the kitchen while other officers searched the apartment. The apartment had three bedrooms, one of which eventually was determined to be the defendant's. In the closet of that bedroom, Detective David Edwards found a leather backpack containing a bag of cocaine, three loose .40 caliber rounds, and a semiautomatic pistol that was fully loaded with twelve rounds. The task force officers eventually determined that the pistol had been stolen several years earlier. Edwards also found the defendant's state identification card on a television stand in that bedroom and some clothes hanging in the bedroom closet.
While being detained in the kitchen, the defendant became aware that task force officers found a pistol in the bedroom. At that point, Officer Ilidio Pereira, who was detaining the apartment's occupants in the kitchen, overheard the defendant ask Pineiro in Spanish, "quién va a tomar," which means "who's going to take it."
After recovering the pistol, Edwards questioned Pineiro, Jimenez, and the defendant about the pistol. Both Pineiro and Jimenez denied possession and knowledge of the pistol. Additionally, Jimenez was "genuinely concerned and shocked" about the pistol's presence in the apartment and "placed the blame" on the defendant for the pistol. The defendant, who was a convicted felon, stated that the pistol was not his, that he had never seen it before, and that he did not know to whom it belonged. The defendant did indicate, however, that he was staying in that bedroom, that the clothes hanging in the closet belonged to him, and that he had been "in and out of the closet multiple times."
As a result of the search and questioning of the apartment's occupants, task force officers arrested the defendant on several gun and drug offenses. The state charged the defendant with stealing a firearm in violation of General Statutes § 53a-212 (a), criminal possession of a pistol in violation of § 53a-217c (a) (1), possession of a controlled substance within 1500 feet of a school in violation of General Statutes § 21a-279 (b), and risk of injury to a child in violation of § 53-21 (a) (1). The defendant elected a jury trial.
At trial, the state sought to establish that the defendant constructively possessed the pistol, ammunition, and cocaine seized from Pineiro's apartment. Specifically, it sought to link the defendant to those items with statements he had made to Pineiro and to task force officers at Pineiro's apartment. The defendant's statements were introduced through the testimony of several task force officers who had participated in executing the warrant at Pineiro's apartment. In particular, those officers testified that the defendant asked Pineiro "who's going to take it" in reference to the pistol, that he indicated that he was staying in the bedroom in which the items were found, that he stated that the clothes hanging in the closet belonged to him, and that he admitted that he had been "in and out of the closet multiple times."
In an effort to refute the officers' testimony with his own version of the events as to what had transpired at Pineiro's apartment, the defendant testified on his own behalf. The defendant's decision to do so rendered this case, in large part, a credibility contest between the defendant and the task force officers. The thrust of the defendant's testimony was a blanket denial of the inculpatory statements the task force officers alleged he had made, including his asking Pineiro "who's going to take it" with respect to the pistol that the officers had discovered.
Furthermore, the defendant denied that the officers asked him whether he had been staying in the bedroom in which the pistol was found, whether the backpack in which the pistol was stored belonged to him, whether the cocaine stored in the backpack belonged to him, and whether the clothes in the bedroom belonged to him. According to the defendant, the only question the officers asked him was if the gun belonged to him. The defendant testified that, in response to that question, he stated "that's not my gun, I never saw it."
The jury found the defendant guilty of criminal possession of a pistol and risk of injury to a child, but not guilty of stealing a firearm and possession of a controlled substance within 1500 feet of a school. After the jury returned its verdict, the defendant did not file any postverdict motions challenging the verdict, such as a motion for a judgment of acquittal, 1 a motion to set aside the verdict, or a motion for a new trial. The court sentenced the defendant to twelve years incarceration, two years of which were mandatory. This appeal followed.
The defendant's sole claim on appeal is that this court should order a new trial because the jury's verdict was against the weight of the evidence presented at trial. He argues that the "[s]tate's case against [him] was inherently weak." Specifically, the defendant contends that the evidentiary basis supporting the state's theory of constructive possession was a "paltry foundation" because it essentially consisted of a single piece of evidence-proof that the defendant had asked Pineiro "who's going to take it" in reference to the pistol found by police. At trial, the state had asked the jury to infer from the defendant's asking of that question that he knew about the pistol's presence and incriminating nature.
The defendant argues that he undermined this "paltry [evidentiary] foundation" by denying, during his testimony at trial, that he asked Pineiro "who's going to take it." Furthermore, even if the jury believed that the defendant asked Pineiro that question, the defendant contends that the question is not necessarily inculpatory in nature. Thus, according to the defendant, "to have a conviction rest on the foundation of four words ... [testified to] by a police officer and denied by a defendant creates too great a risk of wrongful conviction."
The defendant also acknowledges that his failure to move to set aside the verdict and for a new trial raises an issue as to whether his claim is preserved and reviewable. The defendant argues, nevertheless, that his claim is preserved because he filed a motion for a judgment of acquittal at the close of the state's case-in-chief. He further argues in the alternative that even if his claim is unpreserved, Golding review is appropriate.
The state's principal response is that the defendant's claim is unpreserved and unreviewable because "the defendant never moved to set aside the jury's verdict." In particular, it argues that a reviewing court cannot consider an unpreserved weight of the evidence claim because it has not had, like the trial court, "the same opportunity as the jury to view the witnesses, to assess their credibility and to determine the weight that should be given to their evidence." (Internal quotation marks omitted.) Furthermore, the state contends that the defendant is not entitled to Golding review because the record is inadequate to review his claim in the absence of any findings by the trial court. 2 Because we agree with the state that the defendant's claim is unpreserved and not entitled to Golding review, we decline to review it.
We begin our analysis of the defendant's claim with a review of the legal principles governing claims challenging a verdict as against the weight of the evidence. At the outset, we note that a challenge to the
weight
of the evidence is not the same as a challenge to the
sufficiency
of the evidence. A sufficiency claim "dispute[s] that the state presented sufficient evidence, if found credible by the jury, to sustain [the defendant's] conviction."
State
v.
Hammond
,
asserts that the state's case ... was so flimsy as to raise a substantial question regarding the reliability of the verdict [and that there was a] serious danger that [the defendant] was wrongly convicted." (Footnotes omitted.)
State
v.
Griffin
,
Sufficiency claims and weight claims also differ with respect to the remedy they afford. "A reversal based on the insufficiency of the evidence ... means that no rational factfinder could have voted to convict the defendant."
Tibbs
v.
Florida
,
Sinchak
v.
Commissioner of Correction
,
Given that these two types of claims raise fundamentally different issues, the inquiry appropriately undertaken by a court ruling on a sufficiency of the evidence claim differs substantially from that of a court ruling on a weight of the evidence claim. In reviewing the sufficiency of the evidence, a court considers whether there is a reasonable view of the evidence that would support a
guilty
verdict. E.g.,
State
v.
Calabrese
, supra,
In contrast, a court determining if the verdict is against the weight of the evidence does precisely what a court ruling on a sufficiency claim ought not to do. That is, the court "must do just what every juror ought to do in arriving at a verdict. The juror must use all his experience, his knowledge of human nature, his knowledge of human events, past and present, his knowledge of the motives which influence and control human action, and test the evidence in the case according to such knowledge and render his verdict accordingly. ... The trial judge in considering the verdict must do the same ... and if, in the exercise of all his knowledge from this source, he finds the verdict to be so clearly against the weight of the evidence in the case as to indicate that the jury did not correctly apply the law to the facts in evidence in the case, or were governed by ignorance, prejudice, corruption or partiality, then it is his duty to set aside that verdict and to grant a new trial." (Emphasis added; internal quotation marks omitted.)
Sinchak
v.
Commissioner of Correction
, supra,
Thus, because a court is required to independently assess credibility and assign weight to evidence, a weight of the evidence claim necessarily raises the issue of which courts are competent to perform those tasks. It is well settled that "
only the judge who presided over the trial
where a challenged verdict was returned is legally competent to decide if that verdict was against the weight of the evidence ...." (Emphasis added.)
Sinchak
v.
Commissioner of Correction
, supra,
In reviewing the facts underlying
Griffin
, we note that they are analogous to the present case in two important ways. First, like the defendant in the present case, the defendant in
Griffin
moved for a judgment of acquittal after the state rested but did not file a postverdict motion to set aside or motion for a new trial. Id., at 200,
In declining to review the unpreserved weight claim in
Griffin
, our Supreme Court stated that it could not "[o]n a cold record ... meaningfully assess ... [the] credibility [of the state's key witness] to determine whether his testimony ... was so unworthy of belief as to warrant a conclusion that allowing the verdict to stand would constitute a manifest injustice. ...
Only the trial judge
was in a position to evaluate [that] testimony, along with the other relevant evidence, to make such a determination."
3
(Citations omitted; emphasis added.)
Because an appellate court cannot make an initial ruling on a weight of the evidence claim, appellate review of such a claim is greatly circumscribed. "Appellate review of a trial court's decision granting or denying a motion for a new trial must take into account the trial judge's superior opportunity to assess the proceedings over which he or she has personally presided."
State
v.
Hammond
, supra,
Thus, if asked to review the trial court's ruling on a weight of the evidence claim presented to it, an appellate court is not to independently make credibility determinations or assign weight to evidence. Furthermore, our task is not to assess the jury's credibility determinations and assignment of weight to evidence. Rather, our task is to review, for an abuse of discretion, the trial court's assessment of the jury's credibility determinations and assignment of weight to evidence. See, e.g.,
State
v.
Scott C.
,
Having set forth the relevant law, we now turn to the defendant's claim that the verdict is against the weight of the evidence. In addition to arguing the claim's merits, the defendant also contends that the claim is preserved and reviewable. We disagree in light of our Supreme Court's decision in
Griffin
, which we conclude controls the present case. See
State
v.
Griffin
, supra,
Notwithstanding our Supreme Court's holding in Griffin that unpreserved weight of the evidence claims are unreviewable, the defendant cites three cases that purportedly permit our review of such claims. We are unpersuaded by the defendant's reliance on these cases.
The defendant first contends that
State
v.
Avcollie
,
The second case on which the defendant relies is
State
v.
Franklin
,
We do not read
Franklin
as requiring us to review an unpreserved claim challenging a verdict as against the weight of the evidence, nor does it foreclose our consideration of whether the reviewability prongs of
Golding
can be satisfied when such a claim is made. Rather,
Franklin
presented a unique situation where "substantively identical" weight and sufficiency claims were made. In avoiding adjudicating the issue of whether
Golding
review was appropriate, we simply resolved the defendant's claim by relying on our analysis of the defendant's sufficiency claim. The sufficiency claim, like the weight claim, essentially amounted to no more than an attack on the jury's credibility determinations, and we cannot second-guess such credibility determinations when reviewing either type of claim.
State
v.
Carlos C.
,
The third case on which the defendant relies is
Tibbs
v.
Florida
, supra,
Our analysis does not end with concluding that the defendant's claim is unpreserved because the defendant also requests
Golding
review. As previously explained, although
Griffin
stands for the proposition that unpreserved weight of the evidence claims are unreviewable,
Griffin
did not address
Golding
's applicability to such claims. The defendant argues that his claim satisfies all four
Golding
prongs, and the state counters that his claim fails
Golding
's first two prongs, which concern reviewability. See, e.g.,
State
v.
Gordon
,
"Under
Golding
, as modified in
In re Yasiel R.
,
"[T]he inability to meet any one prong requires a determination that the defendant's claim must fail."
State
v.
Ricketts
,
Turning to the application of Golding 's first prong to the present case, we conclude that the defendant has not provided a record that is adequate to review his claim challenging the verdict as against the weight of the evidence.
We have explained throughout this opinion that the defining characteristic of a weight claim is that "only the judge who presided over the trial where a challenged verdict was returned is legally competent to decide if that verdict was against the weight of the evidence .... [A court] in a later proceeding, such as a direct appeal or a habeas corpus proceeding, is not legally competent to decide such a claim on the basis of the cold printed record before it."
Sinchak
v.
Commissioner of Correction
, supra,
A weight claim predicated on a challenge to the jury's credibility determinations, which is the type of claim the defendant presents in this appeal, requires the trial court to make its own assessment of the jury's credibility determinations. See
State
v.
Griffin
, supra,
In the present case, the defendant never asked the trial court to set aside the verdict on the ground that it was against the weight of the evidence. The defendant's appellate claim challenging the jury's credibility determinations was never ruled upon by the trial court and, therefore, is presented to this court for the first time on appeal. Given that the trial court is the only authority competent to assess the jury's credibility determinations, we cannot, on appeal, stand in its stead and make such an intricate assessment ourselves on the cold printed record alone.
Indeed, the scope of our review is limited to evaluating, for an abuse of discretion, the
trial court's findings
regarding
its
assessment of the jury's credibility determinations. Since those findings were not made in the present case, there is nothing for us to review, and we are without a basis for determining whether the trial court abused a discretion that it was never called upon to exercise. See, e.g.,
State
v.
Padua
,
Accordingly, we conclude that the defendant's unpreserved claim is not entitled to Golding review because the record is inadequate for review.
The judgment is affirmed.
In this opinion the other judges concurred.
The defendant did move for a judgment of acquittal after the state had rested. He did not, however, renew that motion after the jury returned its verdict.
The state also argues that the defendant's claim challenging the verdict as against the weight of the evidence also fails under Golding's second prong because it is not of constitutional magnitude. Because we conclude that the record is inadequate, we need not reach this issue.
The parties in Griffin did not brief the issue of whether an unpreserved claim challenging a verdict as against the weight of evidence is reviewable under Golding . Thus, the court in Griffin had no occasion to address the applicability of Golding to such a claim.
Our Supreme Court has noted that a defendant properly preserves a claim challenging the verdict as against the weight of the evidence by raising it in "a motion to set aside the verdict as against the weight of the evidence."
State
v.
Griffin
, supra,
Reference
- Full Case Name
- STATE of Connecticut v. Luis Xavier SOTO
- Cited By
- 13 cases
- Status
- Published