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2.11-5 Commission of a Class A, B or C Felony with an Assault Weapon or a Firearm -- § 53-202j and § 53-202k
New, June 13, 2008
Note: There is no instruction for these statutes.
Commentary
General Statutes § 53-202j and § 53-202k provide for an enhanced sentence if a defendant uses an assault weapon (§ 53-202j) or a firearm (§ 53-202k) in the course of the commission of a class A, B or C felony. They are not separate offenses. State v. Dash, 242 Conn. 143, 148 (1997) (interpreting § 53-202k).
Although the jury must determine that the defendant used a firearm in the course of the commission of the crime for which he or she is convicted, it is not necessary for the court to conduct a separate Part B proceeding. State v. Velasco, 253 Conn. 210, 225 (2000).
The factual finding that the defendant used a firearm in the course of the commission of the crime may be submitted to the jury in an interrogatory. See Sentence Enhancers, Instruction 2.11-4.
A defendant convicted as an accomplice, who was unarmed at the time of the offense, is liable to the sentence enhancement of § 53-202k if the principle was armed. State v. Davis, 255 Conn. 782, 787 (2001).