State v. Bellino, 14802

Decision Date01 February 1994
Docket NumberNo. 14802,14802
Citation635 A.2d 812,228 Conn. 851
CourtConnecticut Supreme Court
PartiesSTATE of Connecticut v. Charles BELLINO.

Lauren Weisfeld, Asst. Public Defender, for appellant (defendant).

Carolyn K. Longstreth, Asst. State's Atty., with whom were Michael Dearington, State's Atty., and, on the brief, John Waddock, Asst. State's Atty., for appellee (state).

Before PETERS, C.J., and BORDEN, BERDON, NORCOTT and SANTANIELLO, JJ.

PER CURIAM.

The sole issues in this criminal appeal concern the adequacy of the trial court's instructions on self-defense. A jury convicted the defendant, Charles Bellino, of manslaughter in the first degree, attempted assault in the first degree and carrying a pistol without a permit. In State v. Bellino, 31 Conn.App. 385, 389-96, 625 A.2d 1381 (1993), the Appellate Court concluded that the trial court's instructions on self-defense had not violated the defendant's constitutional rights. We granted the defendant's petition for certification to appeal the merits of this conclusion. 1

After examining the record on appeal and after considering the briefs and the arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.

The appeal is dismissed.

1 We granted the defendant's petition for certification to appeal limited to the following issues:

"1. Whether the Appellate Court properly held that the instructions on self-defense, General Statutes § 53a-19, did not abuse the court's discretion, where it did not instruct on the statutory duty to retreat and the limitations on that duty?

"2. Whether the Appellate Court properly held that the instructions on self-defense, relative to the subjective-objective test employed by the jury in evaluating the degree of force used, were correct?" State v. Bellino, 226 Conn. 917, 628 A.2d 988 (1993).

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7 cases
  • State v. Webb
    • United States
    • Connecticut Court of Appeals
    • 26 June 1995
    ...whether that belief was reasonable." State v. Bellino, 31 Conn.App. 385, 392-93, 625 A.2d 1381 (1993), appeal dismissed, 228 Conn. 851, 635 A.2d 812 (1994) (cert. improvidently The crux of the defendant's argument is that the trial court's instruction on self-defense caused the jury to beli......
  • State v. Snead
    • United States
    • Connecticut Court of Appeals
    • 4 June 1996
    ...support of this argument, the defendant cites State v. Bellino, 31 Conn.App. 385, 395, 625 A.2d 1381 (1993), appeal dismissed, 228 Conn. 851, 635 A.2d 812 (1994), for the proposition that the court should apply the definition of "imminent" contained in the self-defense statute, General Stat......
  • State v. Carter
    • United States
    • Connecticut Court of Appeals
    • 26 May 1998
    ...whether that belief was reasonable." State v. Bellino, 31 Conn.App. 385, 392-93, 625 A.2d 1381 (1993), appeal dismissed, 228 Conn. 851, 635 A.2d 812 (1994). The trial court included in its self-defense charge an almost verbatim recitation of § 53a-19 (a). See id., at 394, 625 A.2d 1381. Thu......
  • State v. Hall
    • United States
    • Connecticut Court of Appeals
    • 15 May 2018
    ...in this case, and there is no reason to believe that the jury would have considered that issue on its own"), appeal dismissed, 228 Conn. 851, 635 A.2d 812 (1994). The trial court here expressly relied on Lemoine in concluding that an instruction that the duty to retreat did not apply in the......
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