Sec. 53-202k. Commission of a class A, B or C felony with a firearm: Five-year nonsuspendable sentence.
Sec. 53-202k. Commission of a class A, B or C felony with a firearm: Five-year nonsuspendable sentence. Any person who commits any class A, B or C felony
and in the commission of such felony uses, or is armed with and threatens the use of,
or displays, or represents by his words or conduct that he possesses any firearm, as
defined in section 53a-3, except an assault weapon, as defined in section 53-202a, shall
be imprisoned for a term of five years, which shall not be suspended or reduced and
shall be in addition and consecutive to any term of imprisonment imposed for conviction
of such felony.
(P.A. 93-306, S. 9.)
Cited. 234 C. 455. Cited. 241 C. 665. Section is a sentence enhancer rather than a separate offense; a separate conviction
under section is improper. 242 C. 143. When jury convicts based on an underlying felony, jury must also determine issue
of whether a firearm was used in commission of the felony. 253 C. 210. Unarmed accomplice is subject to an enhanced
penalty under this section. 255 C. 782. Where court failed to instruct jury as to elements of statute which provided for
enhancement of sentence, enhanced sentence was vacated and case remanded for trial on that issue. 256 C. 785. Based on
plain language of section, its legislative history, and prior court decisions interpreting its provisions, application of sentence
enhancement to manslaughter in the first degree with a firearm, a class B felony, does not violate double jeopardy. 257 C.
544. Based on section's language and its legislative history, trial court properly applied section's sentence enhancement
to defendant's split sentence. Id. State need not prove that firearm was capable of discharging a shot to apply statute as
sentence enhancement. 259 C. 799. Section imposes separate enhancements of five years each where defendant is convicted
of multiple qualifying felonies arising from the same incident. 263 C. 136. Possession of firearm by one coconspirator is
not attributable to other coconspirators for purposes of the enhancement statute. 276 C. 452.
Cited. 43 CA 801. Cited. 44 CA 561. Cited. 48 CA 361. Since section is sentence enhancement provision and not a
separate crime, conviction under section must be vacated. 49 CA 420. Trial court improperly rendered judgment convicting
defendant of the crime of commission of class A, B or C felony with a firearm because statute does not establish a separate
criminal offense but is a sentence enhancement provision. 51 CA 171. Section intended to serve as sentence enhancement
provision, not as a separate crime. Id., 541. Reaffirmed ruling that statute is sentence enhancement provision and not a
separate crime. 52 CA 599. Reaffirmed prior holdings that statute is sentence enhancement provision and not a separate
crime. 54 CA 18. Under this section, state is not required to demonstrate that defendant actually has gun, but that defendant
represented, by words or conduct, that he was holding a gun. 60 CA 487. Failure to instruct jury re elements of statute was
harmless error, since evidence against defendant was overwhelming and uncontested, and not violative of due process. 61
CA 417. Trial court determination that defendant fulfilled requirements of sentence enhancement pursuant to this statute
results in harmless error if jury would have, upon proper instruction, reached the same determination. 65 CA 551. Statute
permits multiple enhancements. 69 CA 717. Failure of court to instruct jury that finding defendant used a firearm was
harmless error where state has proven the elements necessary for the sentence enhancement. 74 CA 129. Plaintiff's claim
that trial court did not put issue of enhancement under statute to the jury was harmless error since verdict required finding
that the murder was committed with a firearm. Id., 391. Court declines to create a presumption of prosecutorial vindictiveness when the state seeks sentence enhancement pursuant to this section after defendant elects a jury trial. Sentence
enhancement pursuant to this section not treated as essential element of the statute and state need only prove to jury the
two elements of the statute and is not required to prove that length of defendant's incarceration should be increased. 81
CA 824. Legislature's use of "shall" in section, coupled with precedent, amply supports conclusion that legislature intended
sentence enhancement to apply to conviction under Sec. 53a-59(a)(5). 90 CA 445. Since section is a sentence enhancement
provision and not a separate offense, conviction under section must be vacated. 94 CA 715. Trial court properly applied
sentence enhancement provisions of section in a matter where defendant knowingly and voluntarily pled nolo contendere
to section's provisions; in doing so defendant waived his right to a jury determination of the facts with respect to that
charge. 103 CA 100.