October 25, 2018
information charging the defendant with the crimes of aiding
and abetting murder, felony murder, home invasion and
burglary in the first degree, brought to the Superior Court
in the judicial district of Waterbury and tried to a three
judge court, Cremins, Crawford and Schuman, Js.; judgment of
guilty, from which the defendant appealed to our Supreme
Court, which reversed the judgment in part and remanded the
case for further proceedings; thereafter, the court, Fasano,
J., denied the defendant's motion to correct an illegal
sentence, and the defendant appealed to this court. Affirmed.
Theodore Koch III, assigned counsel, for the appellant
Currie-Zeffiro, assistant state's attorney, with whom, on
the brief, were Maureen Platt, state's attorney, and John
Davenport, senior assistant state's attorney, for the
DiPentima, C. J., and Elgo and Harper, Js.
defendant, Calvin Bennett, appeals from the judgment of the
trial court denying his motion to correct an illegal
sentence. On appeal, the defendant argues that the court
improperly rejected his claim that his sentence for both
burglary in the first degree in violation of General Statutes
§ 53a-101 (a) (3) and home invasion in violation of General
Statutes § 53a-100aa (a) (1) violates his constitutional
protection against double jeopardy. We affirm the judgment of
the trial court.
Supreme Court, in its opinion addressing the defendant's
direct appeal, recited the following procedural history and
facts relevant to this appeal. ‘‘The defendant .
. . was charged with aiding and abetting murder in violation
of General Statutes §§ 53a-8 and 53a-54a, felony
murder in violation of General Statutes § 53a-54c, home
invasion in violation of General Statutes § 53a-100aa
(a) (1), and burglary in the first degree in violation of
General Statutes § 53a-101 (a) (3). The defendant
elected a trial to a three judge court (panel). See General
Statutes § 54-82. The panel, consisting of
Cremins, Crawford and Schuman,
Js., rendered a unanimous verdict of guilty on all
of the charges except aiding and abetting murder, on which a
majority of the panel found the defendant guilty, and
thereafter rendered judgment in accordance with the verdict
and imposed a total effective sentence of sixty years
imprisonment. . . .
victim] James Caffrey lived in the second floor apartment of
323 Hill Street in Waterbury with his girlfriend Samantha
Bright and one other roommate. James' mother, Emilia
Caffrey, lived in the first floor apartment. In the late
afternoon of Saturday, October 26, 2008 . . . Caffrey and
Bright had five visitors, including Tamarius Maner, in their
living room. Maner had a clear view of the bedroom from where
he was seated in the living room. Maner purchased a small
amount of marijuana from . . . Caffrey and paid him some
money, which Caffrey putin the bedroom. Caffrey kept the
marijuana in the bedroom. Caffrey remarked that he had saved
$500 for a child that he was expecting with Bright.
about that time, Maner and the defendant lived next door to
each in other in Bridgeport and had done drug business
together. Maner contacted the defendant by cell phone during
the evening of Saturday, October 26. Shortly after midnight
on Sunday, October 27, Maner and the defendant drove from
Bridgeport to Waterbury to go to James Caffrey's
apartment. They were carrying loaded handguns.
after 1 a.m., the doorbell to the second floor apartment at
323 Hill Street rang and Caffrey answered the door. A
conversation of a few seconds with . . . Caffrey ensued.
Maner then shot Caffrey in the face from a distance of one to
three feet with a .45 caliber handgun. Caffrey fell in the
hallway in a pool of blood and died from the gunshot wound to
and the defendant walked past Caffrey and into the bedroom.
Then the defendant put a gun to Bright's head and asked:
‘Where is everything?' Bright understood the
question to inquire about money and drugs. Bright referred
them to the top dresser drawer. Maner opened it and threw its
contents on the bedroom floor.
about that time, they heard the screams of Emilia Caffrey,
who had heard the shot and discovered her son lying in the
second floor hallway. The defendant told Bright to keep her
head down and face the wall. Maner and the defendant then ran
into the kitchen, which Emilia Caffrey had also entered to
call 911. Maner, who was standing at the ...