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STATE v. POLANCO

No. 18771.

61 A.3d 1084 (2013)

308 Conn. 242

STATE of Connecticut v. Carlos POLANCO.

Supreme Court of Connecticut.

Decided April 2, 2013.

Attorney(s) appearing for the Case

Elizabeth M. Inkster , assigned counsel, and Daniel M. Erwin , assigned counsel, with whom, on the brief, was Neal Cone , senior assistant public defender, for the appellant (defendant).

Melissa Patterson , assistant state's attorney, with whom, on the brief, were Patricia M. Froehlich , state's attorney, Mark Stabile , supervisory assistant state's attorney, and Andrew J. Slitt , assistant state's attorney, for the appellee (state).

ROGERS, C.J., and NORCOTT, PALMER, ZARELLA, EVELEIGH and HARPER, Js.

HARPER, J.

Presently in Connecticut, when a defendant is convicted of a greater offense and a lesser included offense in violation of the double jeopardy clause of the federal constitution,1 the appropriate remedy is to merge the convictions and to vacate the sentence for the lesser offense. In accordance with that approach, the Appellate Court concluded that the trial court improperly had failed to merge the cumulative convictions of...

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