State v. Strano

855 A.2d 1028

85 Conn.App. 212

STATE of Connecticut v. Ronald F. STRANO.

No. 23929.

Appellate Court of Connecticut.

Argued June 3, 2004.

Decided September 21, 2004.

Moira L. Buckley, special public defender, for the appellant (defendant).

Denise B. Smoker, assistant state's attorney, with whom, on the brief, was Matthew C. Gedansky, state's attorney, for the appellee (state).

FOTI, DRANGINIS and McLACHLAN, Js.

FOTI, J.

The defendant, Ronald F. Strano, appeals from the judgments of conviction, rendered following his conditional pleas of nolo contendere, of robbery in the second degree in violation of General Statutes § 53a-135 under fifteen separate docket numbers and attempt to commit robbery in the second degree in violation of General Statutes §§ 53a-49 and 53a-135 under one docket number, for which his sentences on all docket numbers were enhanced pursuant to General Statutes § 53-202k as a result of the defendant's having committed class A, B or C felonies with a firearm. On appeal, the defendant claims that the court improperly denied his motions to suppress. We affirm the judgments of the trial court.

In its memorandum of decision denying the defendant's motions to suppress, the court found the following facts. "On January 8, 2001, a robbery was reported at Smoker's Discount World located at 435 Main Street in Manchester. The robber was described by the victims as a lone white male, wearing a gray ski mask, who displayed a small, dark handgun and demanded money from a clerk. The clerk gave the robber about $130. The robber then bound both clerks with duct tape.

"On January 24, 2001, a robbery occurred at Pete's Package Store on Windsorville Road in Vernon. The robber was described as a lone, middle-aged white male wearing a gray ski mask with one opening for the eyes. He had a small handgun and ordered the clerk to hand over money. He shoved a customer to the floor and fled on foot. The robber was described as five feet, six inches to five feet, eight inches tall. He stole approximately $60.

"On January 27, 2001, a robbery occurred at the Comfort Inn on the Hartford Turnpike (Route 30) in Vernon. The robber was described as a male wearing a gray jacket and a ski mask with a single opening for the eyes. He produced a small black revolver and ordered the clerk to the floor. The robber was described as five feet, five inches tall. He stole $386.

"On January 30, 2001, a robbery occurred at the DB Mart at 352 Hartford Turnpike (Route 30) in Vernon. The robber was described as a white male, five feet, eight inches tall with brown eyes, wearing a dark colored jacket and a dark blue or gray ski mask with a single eye opening. He displayed a small black revolver. The car he was driving was described as a white, two door, newer model Toyota with darkly tinted windows. He stole $60.

"On February 1, 2001, a robbery occurred at the Courtyard by Marriott on Slater Street in Manchester. The robber was described by the victim as a lone white male between five feet, six inches and five feet, eight inches tall with light colored eyes, wearing a ski type mask and armed with a small dark handgun. The robber stole $275.

"On February 3, 2001, a robbery occurred at the Holiday Inn Express on Kelly Road in Vernon. The robber was described as a white male with a small black pistol, wearing a greenish gray ski mask with one eye opening, and a gray jacket. The robber was described as between five feet, six inches and five feet, eight inches tall. The robber ordered the clerk to the floor. The robber stole $400.

"On February 7, 2001, a robbery occurred at Discount Cigarette on Hartford Turnpike (Route 30) in Vernon. The robber was described as approximately thirty-five years old and about five feet, six inches tall with blue eyes. He was wearing a brownish jacket and a light colored ski mask that was not pulled over his face. He displayed a small black revolver and ordered the clerk to the floor. The car he was driving was described as a newer looking, light blue station wagon. About $450 was stolen. Utilizing computer software and information supplied by the victim, Detective Robert O'Gara of the Vernon police department developed a composite drawing of the suspect to which the victim concurred.

"On February 9, 2001, a robbery occurred at the Connecticut Motor Lodge at 400 Tolland Turnpike in Manchester. A vehicle pulled up directly in front of the office of the motel. A lone white male, five feet, six inches tall, exited the car, entered the office and confronted the clerk. He was armed with a small black gun, which looked like a revolver. He demanded money from the clerk, received it and ordered her to the floor. He was wearing a ski type mask and winter type clothing. He left in a small, dull gray colored vehicle after having stolen $560.

"On February 17, 2001, a robbery occurred at the Howard Johnson's motel in Vernon. The robber was described as driving a newer model, dark green colored car. He was described as a white male, five feet, eight inches tall with dirty blond hair and blue eyes. He was wearing a gray cloth jacket, gray ski mask with a single eye opening and thick black gloves with gray suede grips. He displayed a small black revolver, which he pointed at the clerk's head. Approximately $1800 was stolen. In cooperation with the victim, Detective Don Skewes of the Vernon police department did a composite drawing of the robbery suspect. The victim had seen the suspect drive in without a mask on.

"On February 24, 2001, there was an attempted robbery at the Dunkin Donuts on Talcottville Road (Route 83) in Vernon. The robber was described as a lone white male, five feet, six inches tall, wearing a light, faded green ski mask with one eyehole, and a beige jacket. He displayed a small, dark colored revolver and ordered the clerk to the register, but the clerk refused and called 911. The suspect then fled northbound on Route 83 in an older, white Ford LTD or Galaxy automobile, away from the closest entrance to Interstate 84, which was only a short distance away.

"On February 25, 2001, there was a robbery at the Getty gasoline station at 176 Tolland Turnpike in Manchester. The robber was described as a lone white male who drove up to the station. He confronted the clerk and displayed a small antique handgun. He was wearing a ski type mask and gloves, and had green eyes. He stole $1700 and fled in a four door, white, late 1980s to early 1990s Chevrolet automobile.

"On March 7, 2001, a robbery occurred at the DB Mart on Route 83 in Vernon. The robber was described as a white male between five feet, five inches and five feet, eight inches tall, wearing a light colored ski mask with a single eye opening and a light colored sweater with a light colored jacket. He displayed a small, black handgun. The witness thought the robber may have been Hispanic, although his skin was white. He drove a small white vehicle with no license plate on the back and headed north on Route 83. The robber stole $380.

"On March 10, 2001, the Howard Johnson's motel in Vernon was robbed again. The robber was identified by the victim, who was the same in both robberies, as the same person who robbed the motel on February 17. He was wearing a dark colored ski mask with a single eye opening, a grayish jacket and black and gray colored gloves. He displayed a small black revolver. He left in a small, light colored car with no rear license plate. He stole $276.

"On March 13, 2001, the Cape Cod Crafters store on Hale Road in Manchester was robbed. The victim described a car pulling up in front of the store and a white male with a tan ski type mask coming in and confronting the clerk and demanding money. The man's eyebrows were light colored, and he was described as short. He left in a newer vehicle, which was described as white with red trim, after stealing $275.

"On March 18, 2001, a robbery occurred at Hudlow's Exxon on the Tolland Turnpike in Manchester. A white, two door, older car with a red interior was parked directly in front of the front doors, and a white male with a green colored mask and gloves with the fingertips cut off entered the store and confronted the clerk [while] displaying a short, black handgun. The robber was described as five feet, three inches tall. A surveillance video depicted the robber pulling up to the store in his car and entering the store.

"On March 20, 2001, at approximately 10 p.m., a robbery occurred at the 7-Eleven store at the intersection of Route 30 and Vernon Avenue in Vernon, only one-half mile from the Vernon police station. The robber was described as a white male, about five feet, five inches tall, wearing a gray ski mask with a single eye-hole, and a light gray jacket. He was carrying a small black handgun. He drove a white, four door, older model vehicle. A video surveillance camera depicted a view of the robber, as described by the victim, and of the car used by the robber. The video also showed that the robber was about five feet, six inches tall on the basis of the height indicator marks on the door of the store. The robber stole $200. On the basis of the physical characteristics and the nature of the robbery, the police believed that the robbery was carried out by the same person [who carried out] the previous robberies in Manchester and Vernon.

"From the photographs of the car taken from the surveillance tape at the 7-Eleven, the police were able to determine, after consulting with the parts manager of a local Chevrolet-Buick dealer on the morning of March 21, 2001, that the car involved was a 1988, 1989 or 1990 white Buick Regal. The identification was made on the basis of the car's distinctive front grill and lights, as well as the type of ornament on the hood.

"The police departments from the adjoining towns of Vernon and Manchester worked together to solve the crimes. They formed an opinion that the robberies were being performed by one individual on the basis of clothing ...