State v. Guitard

765 A.2d 30, 61 Conn. App. 531, 2001 Conn. App. LEXIS 38
CourtConnecticut Appellate Court
DecidedJanuary 30, 2001
DocketAC 19285
StatusPublished
Cited by20 cases

This text of 765 A.2d 30 (State v. Guitard) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Guitard, 765 A.2d 30, 61 Conn. App. 531, 2001 Conn. App. LEXIS 38 (Colo. Ct. App. 2001).

Opinion

Opinion

SCHALLER, J.

The defendant, Paul Guitard, appeals from the judgment of conviction, rendered after a trial to the court, of three counts of assault in the second degree in violation of General Statutes § 53a-60 and four counts of risk of injury to a child in violation of General Statutes § 53-21. On appeal, the defendant claims that [533]*533the trial court improperly denied his (1) request for standby counsel and (2) motion for judgment of acquittal. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to this appeal. On November 8,1996, the defendant arrived at the home of his former wife to pick up his two minor sons, Daniel, age six, and Raymond, age eight. Approximately thirty minutes after the defendant picked up his sons, his vehicle crossed the center line of a highway and collided head-on with another vehicle.

Thereafter, state troopers at the scene of the accident questioned the defendant while emergency medical service personnel attended to his children. The children received serious injuries as a result of the collision and were rushed to an intensive care unit. Daniel suffered severe head trauma from a depression in his skull, and Raymond suffered neck trauma that required a neck brace. The driver of the second vehicle suffered multiple fractures to his left leg.

Rescue and law enforcement personnel at the accident scene made a number of observations regarding the defendant’s condition during the thirty-five minutes it took them to remove him from his vehicle. The troopers detected a strong odor of alcohol from the defendant and found five empty beer cans in a cooler located in the vehicle. The emergency workers who removed the defendant from his vehicle also noticed the odor of alcohol. Blood tests indicated that the defendant had a blood alcohol content of 0.08 percent. At the time of the accident, the defendant also was taking medication, which, according to his own testimony, can interfere with the breakdown of alcohol and allow more alcohol into the bloodstream.

Accident reconstructionists who analyzed the accident concluded that the collision occurred four and one-half feet over the yellow line and in the lane of [534]*534oncoming traffic. An analysis of the skid marks from the defendant’s vehicle indicated that he did not apply his brakes or swerve away from the oncoming vehicle. There was no evidence adduced to establish a mechanical failure of the vehicle.

The defendant was arrested on January 3, 1997, and was charged with three counts of assault in the first degree in violation of General Statutes § 53a-59, three counts of assault in the second degree in violation of § 53a-60, three counts of assault in the second degree with a motor vehicle in violation of General Statutes § 53a-60d and four counts of risk of injury to a child in violation of § 53-21. Private counsel entered an appearance for the defendant on February 24, 1997. The court scheduled a pretrial conference for March 26, 1997, at which the defendant pleaded not guilty to all of the charges and elected to be tried to a jury.

On July 8, 1998, the defendant filed a pro se appearance. On August 6,1998, the court canvassed the defendant regarding the pro se appearance and concluded that he had waived his right to counsel. The defendant also changed his election to be tried to a jury and requested a trial to the court. On October 15, 1998, the court denied the defendant’s oral motion for judgment of acquittal. On November 20, 1998, the defendant was found not guilty of the counts of assault in the first degree and assault in the second degree with a motor vehicle, and guilty of the counts of assault in the second degree and risk of injury to a child.

On November 25, 1998, the defendant filed a motion for judgment of acquittal and a motion for a new trial, which the court denied on January 25, 1998. The court imposed a total effective sentence of fifteen years, execution suspended after eighteen months, with five years probation. Additional facts will be discussed where relevant to the issues on appeal.

[535]*535I

A

The defendant claims that the court improperly denied his motion for standby counsel. Specifically, the defendant argues that the court’s failure to inquire into his financial status when he claimed to be indigent denied him his constitutional right to counsel. We disagree.

The following additional facts are relevant to this issue. On August 6, 1998, before his trial began, the defendant waived his right to counsel. During the canvassing, the defendant admitted that he “exceed[ed] the guidelines for apublic defender.” On September 1,1998, the defendant moved for appointment of standby counsel, claiming that he could not afford counsel and that he desired standby counsel from the public defender’s office for consultation purposes. The defendant admitted that he was employed and that “as such I don’t meet the strict requirements of indigency.” The court denied the motion, stating that “I don’t feel that what you’ve said to the court rises to the level of extraordinary circumstances, and I frankly feel that it’s being asked for purposes of delay.”

“We begin our analysis with the proposition that a defendant does not have a state or federal constitutional right to standby counsel. See State v. Gethers, 197 Conn. 369, 385-87, 497 A.2d 408 (1985). Once a defendant has properly embarked on the path of self-representation, his constitutional right to counsel ceases. . . . The defendant’s claim that he was denied the effective assistance of counsel is without merit because after deciding to proceed pro se, he had no constitutional right to the effective assistance of counsel in any capacity. The language and application of Practice Book §§ 962 through 964 [now §§ 44-4 and 44-5] are based on United States Supreme Court precedent and, accordingly, meet [536]*536constitutional standards.” (Citation omitted.) State v. Oliphant, 47 Conn. App. 271, 281, 702 A.2d 1206 (1997), cert. denied, 244 Conn. 904, 714 A.2d 3 (1998).

At the outset, we note that the defendant does not call into question the validity of his initial waiver of counsel or the court’s decision to allow him to proceed pro se. His claim attempts, in part, to equate a denial of a request for standby counsel with a denial of his right to counsel. Once the defendant “embarked on the path of self-representation,” however, his constitutional right to counsel ceased. Id. His constitutional claim is, therefore, without merit.

B

We next address the defendant’s claim that the court’s refusal to grant his motion for standby counsel constitutes an abuse of discretion. We disagree.

“The standard of review to be applied when reviewing a denial of a request for alternate counsel is whether the trial court abused its discretion in determining that a factual basis did not exist for granting the request.” State v. High, 12 Conn. App. 685, 690, 533 A.2d 1217 (1987), cert. denied, 207 Conn. 801, 540 A.2d 74 (1988).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ragalis
235 Conn. App. 538 (Connecticut Appellate Court, 2025)
State v. J.M.F.
Connecticut Appellate Court, 2017
Newland v. Commissioner of Correction
142 A.3d 1095 (Supreme Court of Connecticut, 2016)
State v. Book
Connecticut Appellate Court, 2015
Davis v. Commissioner of Correction
59 A.3d 403 (Connecticut Appellate Court, 2013)
State v. Maurice M.
31 A.3d 1063 (Supreme Court of Connecticut, 2011)
State v. Martinez
991 A.2d 1086 (Supreme Court of Connecticut, 2010)
State v. Flemming
976 A.2d 37 (Connecticut Appellate Court, 2009)
State v. Martinez
942 A.2d 1043 (Connecticut Appellate Court, 2008)
State v. St. Cyr
917 A.2d 578 (Connecticut Appellate Court, 2007)
State v. Scruggs
905 A.2d 24 (Supreme Court of Connecticut, 2006)
Allstate Insurance v. Berube
854 A.2d 53 (Connecticut Appellate Court, 2004)
MARTIN
23 I. & N. Dec. 491 (Board of Immigration Appeals, 2002)
State v. Miller
795 A.2d 611 (Connecticut Appellate Court, 2002)
State v. Powers
563 S.E.2d 781 (West Virginia Supreme Court, 2001)
State v. Guitard
770 A.2d 32 (Supreme Court of Connecticut, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
765 A.2d 30, 61 Conn. App. 531, 2001 Conn. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guitard-connappct-2001.