BORDEN, J.
This case comes to us on a remand from the Supreme Court. That court had granted petitions for certification by both the state and the defendant from a decision of the Appellate Session of the Superior Court; State v. Heinz, 38 Conn.Sup. 570, 455 A.2d 346 (1982) (Heinz I); and, after resolving the claims raised by the petitions, it remanded the case to this court
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