State v. Miranda ( 2018 )

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STATE v. MIRANDA—CONCURRENCE
D’AURIA, J., with whom PALMER, J., joins, concur-
ring in the judgment. I concur in this court’s judgment
affirming the conviction of the defendant, Pedro L.
Miranda, of one count of murder in violation of General
Statutes § 53a-54a. I agree fully with part I of that opin-
ion. As to part II, I would not hold that the defendant
failed to adequately preserve the claim that the trial
court improperly permitted the victim’s mother to tes-
tify that she had heard that the defendant was con-
nected to the victim’s disappearance. Mather v. Griffin
Hospital, 207 Conn. 125, 138, 540 A.2d 666 (1988) (claim
‘‘distinctly raised’’ although ‘‘not well articulated’’); see
also Fadner v. Commissioner of Revenue Services, 281
Conn. 719, 729 n.12, 917 A.2d 540 (2007) (court will
address issues ‘‘ ‘functionally’ ’’ raised in trial court). I
believe that reviewing his claim would neither offend
this court’s preservation principles nor ambush either
the trial court or the opposing party. I also do not agree
that the defendant failed to adequately brief any part
of his argument as to this claim. Because the defendant
has not demonstrated that the scant evidence elicited
from the victim’s mother by the state’s question resulted
in harm, however, I concur in the majority’s decision
to affirm the trial court’s judgment. See State v.
Urbanowski, 327 Conn. 169, 172, 172 A.3d 201 (2017)
(affirming judgment without reaching merits of defen-
dant’s evidentiary claim because lack of any demon-
strated harm).