State v. Krijger

633 A.2d 310, 33 Conn. App. 49, 1993 Conn. App. LEXIS 436, 1993 WL 469916
CourtConnecticut Appellate Court
DecidedNovember 16, 1993
Docket11855
StatusPublished
Cited by5 cases

This text of 633 A.2d 310 (State v. Krijger) 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. Krijger, 633 A.2d 310, 33 Conn. App. 49, 1993 Conn. App. LEXIS 436, 1993 WL 469916 (Colo. Ct. App. 1993).

Opinion

Cretella, J.

The pro se defendant appeals from the judgment of conviction, rendered after a jury trial, of reckless driving in violation of General Statutes § 14-222, engaging police in pursuit in violation of General Statutes § 14-223 (b), and misuse of license plates in violation of General Statutes § 14-147 (c). The defendant claims that the trial court improperly (1) denied his motion for judgment of acquittal as there was not sufficient evidence to support the jury’s guilty verdict, (2) denied him the constitutional right to a speedy trial, and (3) denied him a continuance, which prevented him from calling another witness. We disagree.

The jury could reasonably have found the following facts. On February 25,1991, shortly after 2 p.m., Raymond Loughman, a Groton police officer operating an unmarked vehicle, saw the defendant’s silver BMW go through a red light. Loughman observed, from a distance of approximately twenty-five to fifty feet, that the driver was the sole occupant of the BMW. The officer activated his flashing emergency lights and siren and began to follow the defendant on Route 1 in Groton. The defendant led the officer on a high speed chase, passing cars in both lanes and weaving in and out of moderate traffic before getting on the entrance ramp [51]*51for 1-95 north. On the highway, he continued to weave back and forth across the lanes driving in excess of seventy miles per hour.

Loughman radioed headquarters for assistance and was joined by Sergeant Michael Lewin, also of the Groton police department. The defendant exited 1-95 at the Route 117 juncture, proceeded south on Route 117 and turned onto Hazelnut Hill Road, a winding, country road. Loughman lost sight of the defendant but Lewin observed him run behind a church on Hazelnut Hill Road. Minutes later, when Lewin pulled into the church parking lot, he discovered the defendant’s car parked there. The defendant, who was the only other person in the parking lot, admitted that the car was his, but claimed that he was merely a passenger and not the operator.

The defendant claimed that the operator, who had been test-driving the car to decide whether to buy it, exited the car at the Pequot Center on Hazelnut Hill Road, one-half mile away from the church. The defendant maintained that it was at that point that he got in the driver’s seat and drove up the road to the church where he had an appointment with the minister. He also indicated that he was unaware that the police were following his car. The officers ran a check of the license plate and discovered that, although the plate was registered to the defendant, it was assigned to a different car. The defendant admitted that he had taken the plate off his other car and put it on this one.

The jury chose not to give credence to the defendant’s claim that he was only a passenger in the vehicle or to the sole witness produced by the defendant who testified that he had observed the defendant as a passenger when the defendant’s vehicle passed his on 1-95, sometime between 2 and 3 p.m. on February 25,1991.

[52]*52I

The defendant first claims that the trial court should have granted his motion for judgment of acquittal because the state produced insufficient evidence to sustain his convictions of engaging an officer in pursuit and reckless driving. We disagree.

“ Tn reviewing a claim of insufficiency of the evidence, this court construes the evidence in the light most favorable to sustaining the jury’s verdict and will affirm that verdict if it is reasonably supported by the evidence and the logical inferences drawn therefrom.’ . . .” State v. Adams, 225 Conn. 270, 276, 623 A.2d 42 (1993), quoting State v. Ruscoe, 212 Conn. 223, 245, 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084, 110 S. Ct. 1144, 107 L. Ed. 2d 1049 (1990). “The issue is whether the cumulative effect of the evidence was sufficient to justify the verdict of guilty beyond a reasonable doubt.” State v. Ruscoe, supra.

To convict the defendant of the crimes of engaging an officer in pursuit and reckless driving, the state first had to prove that the defendant was operating the vehicle. A jury need not accept a defendant’s version of the events or the reasonable inferences that flow therefrom. State v. Adams, supra, 278. “The jury is free to juxtapose conflicting versions of events and to determine which is the more credible. See, e.g., State v. Bunkley, 202 Conn. 629, 645, 522 A.2d 795 (1987); State v. Banks, 194 Conn. 617, 619, 484 A.2d 444 (1984). Should it determine, as it did here, that the state has proven beyond a reasonable doubt facts constituting the elements of the crimes charged, its responsibility is to return verdicts of guilty. We do not sit as [an additional] juror who may cast a vote against the verdict based upon our feeling that some doubt of guilt is shown by the cold printed record. . . . Rather, we must defer [53]*53to the jury’s assessment of the credibility of the witnesses based on its firsthand observation of their conduct, demeanor and attitude. . . . State v. Henning, 220 Conn. 417, 420, 599 A.2d 1065 (1991).” (Citation omitted; internal quotation marks omitted.) State v. Adams, supra.

Applying these standards to this case, we conclude that the evidence presented by the state could reasonably have persuaded the jury, beyond a reasonable doubt, that the defendant was the driver of the vehicle, and thus was guilty of the operating offenses of engaging an officer in pursuit and reckless driving.

II

The defendant next claims, for the first time on appeal, that he was denied his right to a speedy trial. We disagree.

The defendant now claims that the delay of nineteen months from his arrest on February 25, 1991, to his trial on September 14,1992, demonstrates the lack of a speedy trial. He admits that he failed to preserve the speedy trial claim by making a motion in the trial court. He argues, however, that because he has proffered a constitutional claim, it is reviewable under the doctrine of State v. Golding, 213 Conn. 233, 567 A.2d 823 (1989). We conclude, however, that the defendant failed to reach any of the four prongs that would justify a review under Golding. This is especially obvious as to the absence of an adequate record since there was never any hearing held.1

[54]*54III

The defendant’s last claim is that the trial court abused its discretion when it refused to give him an additional day at the end of the trial to produce another witness.

Approximately one week before trial, the court notified the defendant that the trial date had been changed and the trial would begin on September 14, 1992, instead of September 15,1992. At trial, the defendant admitted that he had received notice of such schedule change but claimed that as a result of it, a witness that had intended to testify on the original trial date was unable to do so on September 14.

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Cite This Page — Counsel Stack

Bluebook (online)
633 A.2d 310, 33 Conn. App. 49, 1993 Conn. App. LEXIS 436, 1993 WL 469916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-krijger-connappct-1993.