STATE v. BRASWELL, 243 Conn. 248 (1997)

701 A.2d 1057

STATE OF CONNECTICUT v. MELVIN D. BRASWELL

(SC 15532)Supreme Court of Connecticut

Callahan, C.J., and Berdon, Norcott, Katz and McDonald, Js.

Argued September 24, 1997

Officially released November 11, 1997

Procedural History
Information charging the defendant with the two counts each of the crimes of attempt to sell narcotics by a person who is not drug-dependent and attempt to convey a controlled drug to an inmate of a correctional facility, brought to the Superior Court in the judicial district of Hartford-New Britain at Hartford and tried to the jury before Koletsky, J.; verdict and judgment of guilty of one count each of attempt to sell narcotics by a person who is not drug-dependent and attempt to convey a controlled drug to an inmate of a correctional facility, from which the defendant appealed to the Appellate Court, Dupont, C.J., and Foti an Healey, Js., which affirmed the trial court’s judgment, and the defendant, on the granting of certification, appealed to this court. Appeal dismissed.

Kenneth J. Ian, with whom were Todd D. Fernow and, on the brief, Marion J. Barone, certified legal intern, for the appellant (defendant).

Carolyn K. Longstreth, assistant state’s attorney, with whom were Paul E. Murray, supervisory assistant state’s attorney, and, on the brief, James E. Thomas, state’s attorney, for the appellee (state).

Opinion
PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case

Page 249

should be dismissed on the ground that certification was improvidently granted.[1]

The appeal is dismissed.

[1] We granted the defendant’s petition for certification limited to the following issue: “Whether the Appellate Court properly held that the defendant’s conviction and consecutive sentence for attempted sale of narcotics in violation of General Statutes §§ 21a-278 (b) and 53a-49 (a) and attempted delivery of narcotics to an inmate of a correctional institution in violation of General Statutes §§ 53a-174 (a) and 53a-49 (a) did not violate principles of double jeopardy?” State v. Braswell, 239 Conn. 917, 682 A.2d 1006 (1996).