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STATE v. BRETON

(13677)

212 Conn. 258 (1989)

STATE OF CONNECTICUT v. ROBERT J. BRETON, SR.

Supreme Court of Connecticut.

Decision released July 25, 1989.

Attorney(s) appearing for the Case

Steven M. Sellers, assistant state's attorney, with whom were John A. Connelly, state's attorney, and, on the brief, John J. Kelly, chief state's attorney, and Karen Diebolt, assistant state's attorney, for the appellant (state).

G. Douglas Nash, public defender, with whom, on the brief, was Richard Kelly, assistant public defender, for the appellee (defendant).

David S. Golub and Deborah Fins filed a brief for the NAACP Legal Defense and Educational Fund, Inc., et al. as amici curiae.

PETERS, C. J., SHEA, CALLAHAN, GLASS, COVELLO, HULL and SANTANIELLO, JS.

PETERS, C. J.

The sole issue in this appeal is whether the aggravating factor "especially cruel," contained in this state's death penalty statute, General Statutes § 53a-46a (h) (4), is unconstitutionally vague. The trial court granted the defendant's motion to dismiss the state's alleged aggravating factor and we then granted the state's motion for an expedited appeal pursuant to General Statutes § 52-265a. We remand the case to the trial court with direction...

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