Town of Telluride v. Lot Thirty-Four Venture

The defendant appeals from the judgment of conviction, rendered after a jury trial, of murder, in violation of General Statutes § 53a-54a, felony murder in violation of General Statutes § 53a-54c, attempted robbery in the first degree in violation of General Statutes § § 53a-49 and 53a-134, and assault of a peace officer in violation of General Statutes § 53a-167c. The defendant claims that the trial court improperly instructed the jury on consciousness of guilt and on various other matters including, credibility, reasonable doubt, presumption of innocence, identity and punishment. The defendant also alleges that the trial court improperly sentenced him for both murder and felony murder, and may have abused its discretion in its review, in camera, of certain subpoenaed police personnel records. We agree that the trial court, after properly merging the intentional murder and felony murder convictions, improperly imposed concurrent sentences for both, and, therefore, remand this matter with direction.