State v. Guckian

627 A.2d 407, 226 Conn. 191, 1993 Conn. LEXIS 200
CourtSupreme Court of Connecticut
DecidedJune 29, 1993
Docket14577
StatusPublished
Cited by47 cases

This text of 627 A.2d 407 (State v. Guckian) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Guckian, 627 A.2d 407, 226 Conn. 191, 1993 Conn. LEXIS 200 (Colo. 1993).

Opinions

Berdon, J.

The state appeals from the Appellate Court’s determination that the defendant, William Guckian, who pleaded guilty to operating a motor vehicle while his license was suspended in violation of General Statutes § 14-215 (c)1 and to violating his probation contrary to General Statutes § 53a-32, was eligible for the state’s substance abuse treatment program (treatment program). The Appellate Court upheld the portion of the decision of the trial court in favor of the defendant’s eligibility. We granted the state’s petition for certification and now affirm.

The treatment program, created by No. 89-390 of the 1989 Public Acts (act), is now codified in General Statutes §§ 17a-648 through 17a-658.2 Pursuant to General Statutes § 17a-650, the trial court may order an examination to determine whether the defendant is alcohol-dependent or drug-dependent and eligible for the treatment program.3 If the defendant is found eligible for [194]*194the program, the trial court may suspend prosecution and order alcohol or drug treatment. General Statutes § 17a-653.4 The court may also order alcohol or drug treatment for a defendant who has already been convicted of a crime, but not yet sentenced. General Statutes § 17a-656.5

The following facts are relevant to this appeal. On November 28,1989, the defendant, William Guekian, pleaded guilty to operating a motor vehicle while under the influence of alcohol in violation of General Statutes § 14-227a (a) and to reckless driving in violation of Gen[195]*195eral Statutes § 14-222. The defendant was sentenced to concurrent terms of six months on each count, execution suspended and probation for one year. In addition, the defendant’s motor vehicle operator’s license was suspended for one year. These convictions are not presently at issue.

The defendant was subsequently charged with operating a motor vehicle while his license was suspended in violation of § 14-215 (c) and with violating his probation contrary to § 53a-32. The defendant was released from custody on a promise to appear on the condition that he participate in a substance abuse counseling program called Neon. Neon personnel referred the defendant to another treatment program at the Meriden Center. The Meriden Center counselors determined that the defendant needed residential treatment for his alcohol dependency and recommended Berkshire Woods Treatment Center. The defendant voluntarily entered Berkshire Woods Treatment Center on May 8, 1990. After successfully completing the treatment program, he was discharged on August 3, 1990.

On August 16,1990, the defendant appeared before the trial court, Bingham, J., and moved for an examination for drug or alcohol dependency pursuant to § 17a-650. The state objected, arguing that the defendant, having been charged with a motor vehicle violation as opposed to a crime, was not eligible for treatment under the act. The trial court overruled the state’s objection, granted the defendant’s motion and ordered an evaluation.

After a hearing on August 23, 1990, the trial court concluded that the legislature intended the term “crime,” as used in the act, to include motor vehicle violations. The trial court noted that in § 6 of the act, now codified in § 17a-653, the legislature had specifically excluded persons charged or convicted of driv[196]*196ing under the influence of drugs or alcohol pursuant to § 14-227a. The court determined that “there would be no reason to mention an exemption of § 14-227a in Section 6” if the term “crime,” as used in the act, did not include motor vehicle violations.

After the defendant pleaded guilty to both charges on August 23, 1990, the trial court found that (1) the defendant was alcohol-dependent when he was charged with driving while his license was suspended, (2) there was a sufficient relationship between the defendant’s alcohol dependency and the crime charged, and (3) the defendant needed and was likely to benefit from treatment. The trial court therefore concluded that the defendant was eligible for participation in the treatment plan pursuant to § 17a-656. Consequently, the trial court sentenced the defendant to six months imprisonment, suspended after thirty days with eighteen months probation.6 The trial court also ordered, as a condition of probation, that the defendant submit to alcohol evaluation and treatment as deemed necessary by the probation department.

With the trial court’s permission, the state appealed to the Appellate Court, which upheld the trial court’s conclusion that a violation of § 14-215 (c) is a crime for purposes of the act. State v. Guckian, 27 Conn. App. 225, 238, 605 A.2d 874 (1992). The Appellate Court also concurred in the trial court’s determination that § 17a-656 (b) does not require the defendant to show a contributory or causal link between the defendant’s drug or alcohol dependency and the crime committed. Id., 242-43. The Appellate Court concluded, however, that a remand was required for other matters not germane to the issues raised in this appeal. Id., 247.

[197]*197We granted the state’s petition for certification limited to the following questions: “(1) Did the Appellate Court properly determine that the term ‘crime’ as used in Public Acts 1989, No. 89-390 [now codified in §§ 17a-648 through 17a-658] includes motor vehicle violations? (2) Did the Appellate Court properly determine that the requirement of Public Acts 1989, No. 89-390 that there be a ‘relationship’ between the alcohol or drug dependency and the crime committed does not require a showing of a causal or contributory link between the dependency and the crime?” State v. Guckian, 223 Conn. 907, 612 A.2d 57 (1992). We affirm the judgment of the Appellate Court.

I

The state argues that the defendant is not eligible for the treatment program because he was charged with a violation of § 14-215 (c), which is a motor vehicle violation and not a crime. Under § 17a-650, “[t]he court, on its own motion or on motion of the state’s attorney or a person charged with a crime or convicted of a crime but not yet sentenced, may order, if the interests of justice will be served, that such person be examined ... to determine if the person is alcohol-dependent or drug-dependent and eligible for treatment . . . .” (Emphasis added.) Under § 17a-656 (b), the court may order alcohol or drug treatment for a convicted person who was alcohol-dependent or drug-dependent “at the time of the crime for which he was convicted” (Emphasis added.) In this case, the defendant was admitted to the treatment program pursuant to § 17a-656.

The narrow question before us is whether the term “crime,” as used in the treatment program statute, includes motor vehicle violations. The term “crime” is not defined in the statutory sections that establish the treatment program, nor is it defined in chapter 319j [198]*198(alcohol and drug abuse) or title 17a (social and human services and resources) of the General Statutes, in which the treatment program is codified. Generally, when a statutory term is not defined, we focus on its ordinary meaning. General Statutes § 1-1.

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Bluebook (online)
627 A.2d 407, 226 Conn. 191, 1993 Conn. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guckian-conn-1993.