State v. Phillips

The defendant was convicted, after a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70, unlawful restraint in the first degree in violation of General Statutes § 53a-95 and burglary in the first degree in violation of General Statutes § 53a-101 (a) (2).1 He appeals only from the burglary conviction claiming that the trial court’s jury instruction misdefined “bodily injury” and thus permitted the jury to convict him on a nonstatutory theory of criminal liability. We find no error.

The jury could reasonably have found the following facts. On September…