The defendant’s petition for certification for appeal from the Appellate Court, 33 Conn. App. 162 (AC 11515), is granted. It is further ordered that the matter be remanded to the Appellate Court for reconsideration in light of this court’s decision in State v. Davis, 229 Conn. 285 (1994).

In view of our remand without further proceedings in this court, the provisions of Practice Book § 4138 are waived.