The petition by the state of Connecticut for certification for appeal from the Appellate Court, 118 Conn. App. 43 (AC 29899), is granted, limited to the following issue:
"Did the Appellate Court improperly substitute its judgment for that of the jury when it determined that the state did not sustain its burden of proof that the victim was `physically helpless' under General Statutes § 53a-65 (6)?"
The Supreme Court docket number is SC 18523.
Susann E. Gill, supervisory assistant state's attorney, in support of the petition.
Robert E. Byron, special public defender, in opposition.