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SC18675 - State v. Lavigne
State: Connecticut
Court: Supreme Court
Docket No: 307CR9
Case Date: 12/25/2012
Plaintiff: SC18675 - State
Defendant: Lavigne
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

STATE OF CONNECTICUT v. KATHLEEN PAMELA LAVIGNE (SC 18675)
Rogers, C. J., and Norcott, Palmer, Zarella, Eveleigh and Vertefeuille, Js. Argued September 25--officially released December 25, 2012

Martin Zeldis, public defender, for the appellant (defendant). Melissa L. Streeto, senior assistant state's attorney, with whom, on the brief, were Matthew C. Gedansky, state's attorney, and Brenda Hans, assistant state's attorney, for the appellee (state).

Opinion

ROGERS, C. J. This appeal raises the question of whether a party who is named as a joint holder of a bank account necessarily is a joint owner of the funds deposited in that account and, therefore, may not be criminally prosecuted for the wrongful withdrawal of those funds. The defendant, Kathleen Pamela Lavigne, appeals1 from the judgment of the Appellate Court upholding her conviction, after a jury trial, of larceny in the second degree by embezzlement from a person who is sixty years of age or older in violation of General Statutes
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