State of Connecticut v. Demetrice L. Lewis

Summary

The court held that the evidence was insufficient to prove that the defendant intended to sell narcotics at the specific location where he was apprehended, so retrial on the school-zone narcotics-sale charge was barred by double jeopardy. It held, however, that the evidence was sufficient for the jury to infer that the nearby public school was an elementary or secondary school, permitting a new trial on the school-zone drug-paraphernalia charge because the jury had not been properly instructed on specific intent. Justice Eveleigh, joined by Justice Vertefeuille, concurred in part and dissented in part, agreeing as to the narcotics-sale charge but concluding that the evidence was also insufficient to support the school classification.