State v. Mansfield

S

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** STATE OF CONNECTICUT v. BRIAN MANSFIELD (AC 41587) Alvord, Cradle and Sullivan, Js. Syllabus Convicted, after a jury trial, of the crimes of breach of the peace in the second degree and assault of public safety personnel, the defendant appealed to this court. On election day on November 8, 2016, the defen- dant went to the polling place located at the Bethel Town Hall where he proceeded to remove papers from a dry erase board and throw them on the ground and erase information written on the board. He entered the part of the town hall where voting was taking place and was given a ballot, which he then refused to return. Volunteers asked a police officer, P, who was providing security, for assistance. The defendant, who continued to refuse to return the ballot, then placed the ballot in his pants and dared P to retrieve the ballot from his pants. At this point, the volunteers allowed the defendant to keep the ballot and the defendant exited the area, knocking over a basket of stickers as he did so. He then took several boxes of cookies from Girl Scouts who were selling cookies outside the voting location and, when told by P to return the boxes, threw them aggressively onto the table. P then began to escort the defendant out of the town hall and, as they were walking, the defendant spit on a picture hanging on the wall. The next day, two police officers, B and C, went to the defendant’s home to serve a sum- mons for breach of the peace in violation of the applicable statute (§ 53a- 181 (a) (1)), based on the defendant’s conduct the day before. C handed the summons to the defendant and asked that he sign it. The defendant crumpled the summons, threw it on the ground, and then spat in C’s face, at which …

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