State v. Beccia
Decision Date | 04 March 1986 |
Citation | 199 Conn. 1,505 A.2d 683 |
Court | Connecticut Supreme Court |
Parties | STATE of Connecticut v. Keith BECCIA. |
Louis S. Avitabile, with whom, on brief, was James P. Caulfield, Waterbury, for appellant (defendant).
James K. Robertson, Jr., Sp. Asst. State's Atty., with whom, on brief, was John Connelly, State's Atty., for appellee (State).
Before PETERS, C.J., and HEALEY, SHEA, DANNEHY and CALLAHAN, JJ.
The defendant, Keith Beccia, was charged in a substitute information with arson in the first degree in violation of General Statutes (Rev. to 1981) § 53a-111(a)(2) 1 and conspiracy to commit arson in the first degree in violation of General Statutes §§ 53a-48 2 and 53a-111(a)(2). The charges stemmed from a fire which destroyed the Night Owl Cafe Club in Wolcott on March 7, 1982. The defendant was an owner of the business and a lessee of the building.
After a trial to the court, the defendant was found not guilty of arson in the first degree, but guilty of conspiracy to commit arson in the third degree in violation of General Statutes §§ 53a-48 and 53a-113, 3 as a lesser included offense of conspiracy to commit arson in the first degree. The defendant filed timely motions in arrest of judgment; Practice Book § 905; and for acquittal; Practice Book § 899; which the trial court denied. Both motions allege that conspiracy to commit arson in the third degree is not a cognizable crime under the laws of the state of Connecticut. We agree.
" State v. Johns, 184 Conn. 369, 378, 439 A.2d 1049 (1981). "The gravamen of the crime of conspiracy is the unlawful combination and an act done in pursuance thereof, not the accomplishment of the objective of the conspiracy." State v. Stevens, 178 Conn. 649, 655, 425 A.2d 104 (1979). United States v. Simms, 508 F.Supp. 1188, 1196 (W.D.La.1980). Conspiracy is an anticipatorial offense distinguished by a corrupt agreement by two or more persons to commit a specific objective crime. People v. Csabon, 79 App.Div.2d 609, 610, 433 N.Y.S.2d 487 (1980).
(Emphasis added.) California v. Backus, 23 Cal.3d 360, 390, 590 P.2d 837, 152 Cal.Rptr. 710 (1979); see also State v. DeMatteo, 186 Conn. 696, 707, 443 A.2d 915 (1982).
The essential elements of the crime of arson in the third degree are the intentional starting of a fire or causing of an explosion thereby recklessly causing damage or destruction to a building. See General Statutes § 53a-113. Unless there is actual damage or destruction resulting from reckless conduct, there is no violation of the statute. Reckless conduct 4 is not intentional conduct 5 because one who acts recklessly does not have a conscious objective to cause a particular result. While conspirators can agree to start a fire intentionally or to cause an explosion or even agree to act recklessly, they cannot agree to accomplish a required specific result unintentionally.
"[P]roof of a conspiracy to commit a specific offense requires proof that the conspirators intended to bring about the elements of the conspired offense." (Emphasis added.) People v. Horn, supra, 12 Cal.3d 295, 524 P.2d 1300, 115 Cal.Rptr. 516. Since conspirators cannot agree to accomplish a result recklessly when that result is an essential element of the crime, they cannot conspire to commit this particular crime. Just as one cannot attempt to commit an unintentional crime; State v. Almeda, 189 Conn. 303, 309, 455 A.2d 1326 (1983); one cannot agree anticipatorily to accomplish an unintended result. "There is just no such crime as would require proof that one intended a result that accidentally occurred." Hull v. State, 553 S.W.2d 90, 94 (Tenn.1977). "It follows, therefore, that there is no such thing as a conspiracy to commit a crime which is defined in terms of recklessly or negligently causing a result." LaFave & Scott, Criminal Law (1972) p. 466. Accordingly, we hold that conspiracy to commit arson in the third degree in violation of General Statutes §§ 53a-48 and 53a-113 is not a crime cognizable under our law.
There is error, the judgment is set aside and the case is remanded to the trial court with instructions to vacate the judgment and grant the defendant's motion in arrest of judgment.
In this opinion the other Judges concurred.
1 General Statutes (Rev. to 1981) § 53a-111(a)(2) provides:
To continue reading
Request your trial-
State v. Padua
...and (b) the intent to commit the offense which is the object of the conspiracy." (Internal quotation marks omitted.) State v. Beccia, 199 Conn. 1, 3-4, 505 A.2d 683 (1986). Thus, "[p]roof of a conspiracy to commit a specific offense requires proof that the conspirators intended to bring abo......
-
State v. Foster
...Citing this "dual intent" requirement, and relying on State v. Almeda, 189 Conn. 303, 455 A.2d 1326 (1983), 9 and State v. Beccia, 199 Conn. 1, 505 A.2d 683 (1986), 10 cases which held that persons cannot attempt or conspire to commit an offense that requires an unintended result, the defen......
-
State v. Russaw
...on the part of the accused that conduct constituting a crime be performed." (Internal quotation marks omitted.) State v. Beccia , 199 Conn. 1, 3, 505 A.2d 683 (1986). "While the state must prove an agreement [to commit murder], the existence of a formal agreement between the conspirators ne......
-
State v. Grullon
...v. DeMatteo, 186 Conn. 696, 707, 443 A.2d 915 (1982); State v. Ortiz, 169 Conn. 642, 645, 363 A.2d 1091 (1975); see State v. Beccia, 199 Conn. 1, 3, 505 A.2d 683 (1986). " '[T]he essence of [conspiracy] is an agreement to commit an unlawful act.... The prohibition of conspiracy is directed ......
-
§ 29.05 CONSPIRACY: MENS REA
...1083, 1093 (Conn. 2015).[82] . Id.; People v. Cortez, 960 P.2d 537, 542 (Cal. 1998).[83] . See § 29.06[A], infra.[84] . State v. Beccia, 505 A.2d 683, 684 (Conn. 1986) (holding that conspiracy to commit reckless arson is not a cognizable offense); see also People v. Cortez, 960 P.2d 537, 53......
-
§ 29.05 Conspiracy: Mens Rea
...A.3d 1083, 1093 (Conn. 2015).[82] Id.; People v. Cortez, 960 P.2d 537, 542 (Cal. 1998).[83] See § 29.06[A], infra. [84] State v. Beccia, 505 A.2d 683, 684 (Conn. 1986) (holding that conspiracy to commit reckless arson is not a cognizable offense); see also People v. Cortez, 960 P.2d 537, 53......
-
TABLE OF CASES
...App. Div. 1997), 313 Beale, State v., 376 S.E.2d 1 (N.C. 1989), 473 Beardsley, People v., 113 N.W. 1128 (Mich. 1907), 99 Beccia, State v., 505 A.2d 683 (Conn. 1986), 411 Belarde v. State, 383 P.3d 655 (Alaska App. 2016), 453 Bell v. State, 668 P.2d 829 (Alaska. Ct. App. 1983), 150 Bell v. S......