State v. Allen

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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE OF CONNECTICUT v. TYRONE ALLEN (AC 22213) Foti, West and McDonald, Js. Argued October 28 officially released December 16, 2003 (Appeal from Superior Court, judicial district of Fairfield, Hauser, J.) Martin Zeldes, senior assistant public defender, with whom were Ruth D. Weismann, certified legal intern, and, on the brief, Amy Dona, certified legal intern, for the appellant (defendant). Frederick W. Fawcett, supervisory assistant state s attorney, with whom, on the brief, were Jonathan C. Benedict, state s attorney, and C. Robert Satti, Jr., senior assistant state s attorney, for the appellee (state). Opinion PER CURIAM. The defendant, Tyrone Allen, was convicted, following a jury trial, of carrying a pistol without a permit in violation of General Statutes § 29-35 (a). The defendant also was convicted, after a simultaneous trial to the court, of criminal possession of a pistol or revolver in violation of General Statutes § 53a-217c. On appeal, the defendant claims that there was insufficient evidence to prove that the barrel of the firearm in question was less than twelve inches in length, a necessary element of the offenses.1 The state concedes, and we agree after examining the record, that there was insufficient evidence to sustain the conviction. See State v. Gallichio, 71 Conn. App. 179, 182, 800 A.2d 1261 (2002). Accordingly, we reverse the conviction. The judgment is reversed and the case is remanded with direction to render judgment of not guilty. 1 The defendant raised two additional claims that we do not address because the resolution of his first claim is dispositive of his appeal.

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