(a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section
53a-55, and in the commission of such offense he uses, or is armed with and threatens the use of or displays or represents by his words or conduct that he possesses a pistol, revolver, shotgun, machine gun, rifle or other firearm. No person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction but such person may be charged and prosecuted for both such offenses upon the same information.
(b) Manslaughter in the first degree with a firearm is a class B felony and any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with subdivision (5) of section 53a-35a of which five years of the sentence imposed may not be suspended or reduced by the court.
(P.A. 75-380, S. 3; July Sp. Sess. P.A. 94-2, S. 1; P.A. 07-143, S. 13.)
History: July Sp. Sess. P.A. 94-2 amended Subsec. (b) to add provision that any person found guilty under this section shall be sentenced to a term of imprisonment in accordance with Sec. 53a-35a(4) and increase the nonsuspendable sentence from one year to five years; P.A. 07-143 amended Subsec. (b) to make a technical change, effective July 1, 2007.
Cited. 190 C. 639; 192 C. 85; 193 C. 695; 198 C. 77; Id., 454; 201 C. 174; 206 C. 346; 207 C. 412; 216 C. 699; 225 C. 559. In accordance with 95 CA 362, to establish accessorial liability under Sec. 53a-8 for violation of this section, state must prove that defendant, acting with intent to cause serious physical injury to another person, intentionally aided a principal offender in causing the death of such person or of a third person, and that the principal, in committing the act, used, carried or threatened to use a firearm. 300 C. 490.
Cited. 7 CA 223; 10 CA 357; 11 CA 425; 17 CA 97; 21 CA 801; 23 CA 502; 25 CA 734; 26 CA 259; 33 CA 116; 37 CA 722; 39 CA 224; Id., 242. Sec. 53a-54a(a) permits conviction under this section regardless of extreme emotional disturbance defense. 86 CA 784. When defendant is charged with violation of section as an accessory, state must prove that defendant intended to inflict serious physical injury and to aid the principal in doing so, but does not have to also prove that defendant intended the use, carrying or threatened use of the firearm. 95 CA 362.
Subsec. (a):
Court's instructions on intent as element of manslaughter unconstitutional since they could be interpreted as creating a conclusive or burden-shifting presumption. 180 C. 171. Cited. 195 C. 160; 199 C. 383; 203 C. 466; 216 C. 282.
Cited. 27 CA 263.
Notes of Decisions
Cited in
192
cases (
26 in the last 5 years), 1980–2026 · leading case:
State v. Gonzalez, 15 A.3d 1049 (Conn. 2011).
State v. Gonzalez, 15 A.3d 1049 (Conn. 2011).
· cites it 24× “2 General Statutes § 53a-55a provides: “(a) A person is guilty of manslaughter in the first degree with a firearm when he commits manslaughter in the first degree as provided in section 53a-55, and in the commission of such offense he uses, or is armed with and threatens the use…”
State v. Miller, 896 A.2d 844 (Conn. App. Ct. 2006).
· cites it 14× “The defendant, Jason Miller, appeals from the judgment of conviction, rendered after a jury trial, of manslaughter in the first degree with a firearm as an accessory in violation of General Statutes §§ 53a-55a (a), 53a-55 (a) (1) and SSa-S.”
State v. McMahon, 778 A.2d 847 (Conn. 2001).
· cites it 11× “General Statutes § 53a-55a (a) expressly provides in part that “[n]o person shall be found guilty of manslaughter in the first degree and manslaughter in the first degree with a firearm upon the same transaction .”
State v. Ebron, 975 A.2d 17 (Conn. 2009).
· cites it 8× “The defendant, Brian Ebron, appeals directly 1 from the judgment of conviction, rendered after a jury trial, of intentional manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a (a). 2 On appeal, the defendant claims that the *659 trial court…”
State v. Chyung, 157 A.3d 628 (Conn. 2017).
· cites it 7× “The state charged the defendant, Chihan Eric Chyung, with murder in violation of General Statutes § 53a-54a and manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a(a) 1 in connection with the shooting death of his wife, Paige Chyung…”
State v. Greene, 874 A.2d 750 (Conn. 2005).
· cites it 7× “19 Although the information alleges that the defendant had the “intent to cause the death of another person by means of a firearm” and that he “aided another in causing the death of another,” *159 it does not allege that either he or the principal used, were armed with,…”
Perez v. Comm'r of Corr., 163 A.3d 597 (Conn. 2017).
· cites it 4× “In May, 2013, the petitioner was sentenced to a total effective sentence of fifteen years incarceration after he pleaded guilty to manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a, and carrying a pistol without a permit in violation of…”
State v. Tomlin, 835 A.2d 12 (Conn. 2003).
· cites it 7× “Tomlin, appeals from the judgment of conviction, rendered after a jury trial, of manslaughter in the first degree with a firearm in violation of General Statutes §§ 53a-55a (a) 1 and 53a-55 (a) (3).”
State v. Falcon, 600 A.2d 1364 (Conn. App. Ct. 1991).
· cites it 10× “After a jury trial, the defendant was convicted on the first count of what the court considered a lesser included offense of murder, namely, manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a. 2 The jury also returned a verdict *261 of…”
State v. Davis, 929 A.2d 278 (Conn. 2007).
· cites it 4× “Davis III, guilty of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a, 1 three counts of assault in the first degree in violation of General Statutes § 53a-59 (a) (5), 2 and carrying a pistol without a permit in violation of General…”
State v. Marino, 462 A.2d 1021 (Conn. 1983).
· cites it 6× “After a trial by a three judge court pursuant to General Statutes § 53a-45 (b), the defendant was found guilty of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a as a lesser offense included in the murder indictment which the grand jury…”
State v. Saunders, 838 A.2d 186 (Conn. 2004).
· cites it 4× “Following a mistrial, a second jury found the defendant, Randall Saunders, guilty of manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a (a). 1 The trial court, Holden, J.”
— Conn. Gen. Stat. § 53a-55a(a) — 6 cases
State v. Chyung, 157 A.3d 628 (Conn. 2017).
“The state charged the defendant, Chihan Eric Chyung, with murder in violation of General Statutes § 53a-54a and manslaughter in the first degree with a firearm in violation of General Statutes § 53a-55a(a) 1 in connection with the shooting death of his wife, Paige Chyung…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.