State v. Flemke
Annotate this CaseAfter a jury trial, Defendant was found guilty of robbery in the first degree as an accessory and conspiracy to commit robbery in the first degree. The jury further found that a firearm had been used in the commission of the robbery. Although only Defendant’s accomplice was armed during the commission of the robbery, the trial court sentenced Defendant to an enhanced sentence pursuant to Conn. Gen. Stat. 53-202k, which provides for a mandatory prison term when a person uses, or is armed with and threatens to use, a firearm in the commission of a felony. Defendant appealed, arguing that the Supreme Court should either overrule its holding in State v. Davis that section 53-202k applies to unarmed accomplices or limit the applicability of section 53-202k to unarmed accomplices who intend that a firearm be used in the commission of the underlying offense. The Supreme Court affirmed the judgment of the trial court, holding (1) there are several reasons to decline Defendant’s invitation to overrule or otherwise limit Davis; and (2) in light of Davis, the state was not required to also prove that Defendant intended that a firearm would be used during the robbery.
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