State v. Jenkins (1996)

In State v. Jenkins, 40 Conn. App. 601, 612, 672 A.2d 969, cert. denied, 237 Conn. 918, 676 A.2d 1374 (1996), the Court stated that despite our holding in State v. Flynn, "the Blockburger test is a rule of statutory construction and its application does not result in a conclusive presumption. . . . Our Supreme Court . . . has held on numerous occasions that . . . where crimes against persons are involved, a separate interest of society has been invaded for each violation. Therefore when two or more persons are the victims of a single episode there are as many offenses as there are victims." (Internal quotation marks omitted.) Id., at 612. In Jenkins, this court noted that "a peace officer" in General Statutes 53a-167c and "an officer" in General Statutes 53a-167a are "in the singular and there is no indication that the defendant can get a bargain rate . . . when two officers are involved." Id., at 613. Therefore, in Jenkins, the Court concluded that " 53a-167c and 53a-167a authorize punishment for separate violations against each officer, regardless of whether the violations were spatially linked." Id.