State v. Marro

795 A.2d 555, 68 Conn. App. 849, 2002 Conn. App. LEXIS 166
CourtConnecticut Appellate Court
DecidedApril 2, 2002
DocketAC 21873; AC 21876; AC 22251; AC 22252
StatusPublished
Cited by8 cases

This text of 795 A.2d 555 (State v. Marro) 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. Marro, 795 A.2d 555, 68 Conn. App. 849, 2002 Conn. App. LEXIS 166 (Colo. Ct. App. 2002).

Opinion

Opinion

BISHOP, J.

In this matter involving two consolidated writs of error and two consolidated appeals, the plaintiff state of Connecticut appeals, in AC 21873 and in AC 21876, from the judgments of the trial court granting two motions for rebate filed by the depositor of cash bail following the recapture of the fugitive defendant, Mario Marro.1 In AC 22251 and in AC 22252, the state filed separate writs of error, challenging the propriety of the court’s orders. The state claims that the court improperly determined that the depositor was entitled to a rebate on forfeited bail bonds where the principal was recaptured within one year of the date of forfeiture. [851]*851We dismiss the writs of error and affirm the judgments of the trial court.

The record discloses the following relevant facts. The defendant was arraigned on a charge of sexual assault in the second degree in violation of General Statutes § 53a-71. The court set a cash bond in the amount of $25,000. Thereafter, Barbara Mott deposited $25,000 on behalf of the defendant to secure his release from the Bridgeport Correctional Center. In conjunction with the posting of the bond, the defendant executed an appearance bond, promising to appear in court for all scheduled hearings. Mott also executed a portion of the appearance bond that stated in part: “I, the Depositor, understand that if the above named Defendant fails to appear in accordance with the foregoing promises, I will be liable for the full amount of bond, including forfeiture of any amount deposited. I also understand that upon discharge of the bond, as specified above, the amount deposited will be returned to the above named depositor less any fee that may be required by statute.”

The defendant subsequently was arrested and charged with possession of a controlled substance. Bond was set in the amount of $25,000 cash. The defendant signed a second appearance bond, and Mott deposited an additional $25,000 to secure his release from confinement. The portion of the appearance bond signed by Mott contained the same language as the first bond regarding Mott’s liability for the full amount of the bond should the defendant fail to appear in court for scheduled hearings.

When the defendant failed to attend a scheduled court appearance in each of the previously mentioned cases, the court ordered the cash bonds called and forfeited, and issued a rearrest warrant. The defendant later was [852]*852apprehended in the state of Washington and returned to Connecticut, where he was arraigned.

Mott thereafter filed motions, pursuant to General Statutes § 54-65a (b)2 and Practice Book § 38-22,3 for partial rebate of the forfeited bonds. In her motion, Mott characterized herself as a surety and claimed to be entitled to a rebate of 38 percent of the amount forfeited. In its written memoranda of decision, the court found that 253 days had elapsed between the date of the defendant’s failure to appear and his return to Connecticut, and that Mott, as a surety, was entitled to a rebate of 30 percent of the amount forfeited. Accordingly, the court ordered a rebate of $7500 on each bond.

Uncertain as to proper procedure, the state challenged the court’s rulings by filing an appeal in this [853]*853court and a writ of error in our Supreme Court in each of the two cases. The appeals and writs of error all raised the issue of whether the court incorrectly concluded that General Statutes § 54-65a (b) and Practice Book § 38-22, which provide for a rebate to the surety on a forfeited bail bond if the principal is returned to the jurisdiction within one year of the date of forfeiture, apply to the depositor of a cash bond as well.

Mott filed a motion to dismiss the appeals4 on the ground that this court did not have jurisdiction because the appeals concerned the interest of a bondsperson who was not a party to the underlying action.5 We denied the motion without prejudice and directed the parties to file supplemental briefs addressing the jurisdictional question for reconsideration by the panel hearing the merits of the appeals.

At the same time, Judge Robinson, who had granted the depositor’s motions for rebate and who is the defendant in error in AC 22251 and in AC 22252, argued to the Supreme Court that a writ of error is not the proper procedural vehicle to appeal from the ruling on a motion for a bond rebate because the state is entitled to appeal directly. Thereafter, the Supreme Court, sua sponte, ordered the writs of error transferred to this court pursuant to General Statutes § 52-2736 and Practice Book § 65-1.7

[854]*854I

We first address the jurisdictional issue. General Statutes § 52-263 sets forth the basic jurisdictional requirements for appellate review, these being that the appellant must be an aggrieved party to the underlying action and that the appeal must be taken from a final judgment.8 In this instance, the state was a party to the underlying action, the state is aggrieved by the court’s orders remitting a portion of the forfeited bonds, and the orders constitute final judgments for purposes of appeal.9

Contrary to Mott’s claim, the holding in State v. Salmon, 250 Conn. 147, 735 A.2d 333 (1999) (en banc), is not applicable where, as in this instance, the state brings the appeal. In Salmon, unlike the present case, the party who brought the appeal, a bondsperson, was not a party to the underlying criminal action. Id. Because the statutory requirements are satisfied, this court has jurisdiction to hear the appeals.

Having resolved the jurisdictional question, we dismiss the writs of error as procedurally improper because appeals he from the court’s decisions to grant Mott partial rebates on the forfeited bonds. Because the right to appeal has been granted and the state has appealed, the writs of error do not he. General Statutes § 52-273; see footnote 6.

[855]*855II

We now consider the merits of the appeals. The state claims that the court improperly concluded that a depositor of cash bail is entitled to a rebate following the return of the fugitive defendant to court within one year of the date of forfeiture. We do not agree.

We first set forth our standard of review. The essence of the parties’ dispute involves the proper interpretation of General Statutes §§ 54-65a, 54-66 and the corresponding rules of practice. Statutory construction presents a question of law. Trimar Equities, LLC v. Planning & Zoning Board, 66 Conn. App. 631, 634, 785 A.2d 619 (2001). Our review is, therefore, plenary. Id.

General Statutes §§ 54-63c, 54-63d and 54-64a provide that an arrested person may be released from custody upon a written promise to appear or upon the execution of a bond with or without surety. Until recently, sureties and depositors of cash bail were treated differently when a bond was ordered forfeited for failure of the principal to appear in court.

General Statutes § 54-65a10

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Cite This Page — Counsel Stack

Bluebook (online)
795 A.2d 555, 68 Conn. App. 849, 2002 Conn. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marro-connappct-2002.