State v. Miranda
Connecticut General Statutes §53a-64bb, provides that "[n]o person shall be found guilty of strangulation in the second degree and unlawful restraint or assault upon the same incident…" and the "same incident" to which C.G.S. §53a-64bb refers is an incident of strangulation, necessarily involving restraint of another person by the neck or throat, either with the intent to impede the ability of that person to breathe or to restrict the blood circulation of such other person and which, in fact, either impedes the ability of such other person to breathe or restricts his blood circulation; it does not apply to an event or course of conduct in which an act of strangulation occurs, but is preceded, followed or even accompanied by other separate acts of assault or unlawful restraint not based in whole or in part, upon one or more acts of strangulation. Nuno Miranda pleaded guilty to one count each of strangulation in the second degree and unlawful restraint in the first degree and was sentenced to consecutive incarceration terms for each count. Miranda filed a motion to correct an illegal sentence, principally claiming that his sentence was illegal because it improperly imposed separate convictions for strangulation and unlawful restraint purportedly arising from "the same incident." The trial court denied the motion. The Appellate Court affirmed the judgment. The convictions of strangulation in the second degree and unlawful restraint in the first degree did not arise from "the same incident" in violation of C.G.S. §53a-64bb. The defendant physically restrained the victim in the bathroom of her apartment, before strangling her in the kitchen, by forcing her to remain in the bathroom against her will and spraying the contents of an aerosol can toward her while igniting its fumes. By such conduct, the court properly found that the defendant exposed the victim to the risk of physical injury and completed the offense of unlawful restraint in the first degree against her. Thereafter, the victim went into the kitchen and called for help. The defendant broke items, struck the victim with a chair and grabbed her by her throat and choked her. She could not breathe and became unconscious. The separate convictions and sentences did not violate C.G.S. §53a-64bb and were not from the same offense for double jeopardy purposes.