State v. Denby

In State v. Denby, 235 Conn. 477, 481, 668 A.2d 682 (1995), while the Court did not directly address the issue of whether 21a-278a (b) is a sentence enhancement provision, it disagreed with our view that, pursuant that statute, the state "was not required to prove that the defendant specifically intended to sell within the 1000 foot 5 zone . . . ." Id. The court, however, held that "the plain language of 21a-278a (b) requires as an element of the offense an intent to sell or dispense the narcotics at a location that is within 1000 feet of a school." Id., 482. The court held that the state does not have to prove that a defendant knew that the location was within the zone.