State v. Plaskonka

577 A.2d 729, 22 Conn. App. 207, 1990 Conn. App. LEXIS 234
CourtConnecticut Appellate Court
DecidedJuly 3, 1990
Docket8088
StatusPublished
Cited by13 cases

This text of 577 A.2d 729 (State v. Plaskonka) 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. Plaskonka, 577 A.2d 729, 22 Conn. App. 207, 1990 Conn. App. LEXIS 234 (Colo. Ct. App. 1990).

Opinion

Mulcahy, J.

The defendant appeals from his conviction, after trial to the court, of two motor vehicle infractions. The defendant was charged with failure to notify the motor vehicle department of a change of address as the registrant of a motor vehicle, in violation of General Statutes § 14-17a,1 and as the holder of a motor vehicle operator’s license, in violation of General Statutes § 14-45.2

The defendant claims that the trial court (1) entered guilty verdicts upon insufficient evidence, (2) improperly decided the case prior to hearing closing arguments, (3) failed to read a defendant’s exhibit, and (4) improperly limited the cross-examination of a state’s witness. We affirm the judgment of the trial court.

I

The defendant claims that the evidence presented at his trial was not sufficient to convict him of either infraction. General Statutes § 51-164n (f) provides that “[i]n any trial for the alleged commission of an infraction, the practices, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall [209]*209apply.” Thus, the state had the burden of proving every element of the infractions beyond a reasonable doubt. See State v. Braxton, 196 Conn. 685, 691, 495 A.2d 273 (1985). In reviewing a sufficiency of evidence claim, we construe the evidence in the light most favorable to sustaining the conviction and determine whether the trier of fact could reasonably have inferred guilt beyond a reasonable doubt from the evidence presented. Id.

The record discloses that the trial court could reasonably have concluded that the defendant did not give notice of his address change to the motor vehicle department within the required forty-eight hour period.

The defendant was cited for the infractions on November 25,1988. On that date, as the defendant followed a police cruiser into the parking lot of a donut shop, the officer noticed that the front license plate was missing from the defendant’s car and, in the course of questioning the defendant about the absence of the license plate, the officer asked the defendant for his license and registration. The officer had personal knowledge that the defendant had recently changed his address. The officer later testified that there was no indication on the license or registration that the defendant had given notice of his address change. Also, an immediate check with the motor vehicle department’s “collect system” indicated a listing of only the defendant’s prior address.3

The defendant testified that he changed his address on September 17,1988. His theory of the case was that he had sent a change of address postcard to the depart[210]*210ment of motor vehicles in a timely manner (although he could not remember the date), but the new address was not recorded in the motor vehicle department’s system. The defendant testified that he once had worked at the motor vehicle department and knew from experience that there is a lag between the time papers are sent to the department, and the time that they are processed. In his oral argument, the defendant stated that delays in processing by the department can be as long as thirty days. The trial court noted that the lapse in the present case would have to have been almost seventy days.

The credibility of the witnesses was for the trier of fact to assess and that assessment will not be disturbed on appellate review. Kimberly-Clark Corporation v. Dubno, 204 Conn. 137, 153, 527 A.2d 679 (1987). The trial court simply did not believe the defendant. Construing the evidence in the light most favorable to sustaining the convictions, we find that it was sufficient to prove beyond a reasonable doubt that the defendant did not give the required notice within forty-eight hours.

II

The defendant’s second claim is that the trial court should not have rendered judgment prior to hearing oral arguments. At the close of evidence, the court immediately announced its findings of guilty and imposed fines on both counts. The defendant objected, stating that he was entitled to give a closing argument. The court then agreed to hear the defendant’s argument, and, afterward, reduced the amount of the fines.

Both the Connecticut and the United States constitutions protect a defendant’s right to voice closing arguments before the trier of fact. The sixth amendment guarantee in the federal constitution of the right to assistance of counsel has been held to include the right [211]*211to present closing arguments. Herring v. New York, 422 U.S. 853, 95 S. Ct. 2550, 45 L. Ed 2d 593 (1975). Also, article first, § 8, of the Connecticut constitution, which provides that “the accused shall have a right to be heard by himself and by counsel,” has been held to guarantee a right to present a closing argument. State v. Hoyt, 47 Conn. 518, 534-37 (1880). The defendant enjoys the same right whether the trial is to a jury or to the bench. Herring v. New York, supra, 859-60. If the trial court denies the defendant an opportunity to give closing arguments, the reviewing court should grant a new trial. State v. Hoyt, supra, 536; see also Herring v. New York, supra. Under Practice Book § 874, the defendant may make a single closing argument, and, although a defendant represented by counsel has no right to share closing arguments with his attorney; State v. Jennings, 20 Conn. App. 721, 724, 570 A.2d 234 (1990); a pro se defendant must be allowed to make a closing argument.4

In the present case, the pro se defendant was afforded an opportunity to present a closing argument. He claims, however, that because the court announced its findings before hearing his closing argument, the court was no longer an impartial factfinder and the trial, as a whole, was rendered unfair.

The defendant cites State v. Washington, 182 Conn. 419, 438 A.2d 1144 (1980), for the proposition that the [212]*212court was unfit to sit as trier of fact and listen to oral argument after having rendered findings. In that case, our Supreme Court held that the trial judge in a jury case must not expressly instruct the jurors that they may discuss the case among themselves prior to its submission to them. Id., 429. This rule is based on the concern that jurors who discuss the case before all of the evidence is presented to them will not weigh all of the evidence with the same degree of impartiality as they would otherwise. Id., 426.

The same concern is not present in this case. First, the court did not announce its findings until after all of the evidence was presented. Second, because the trial court agreed to listen to oral argument, we presume that it listened with impartiality, and our review of the record discloses nothing to the contrary. Finally, the fact that the court reduced the fine after listening to the defendant’s oral argument amply persuades this court that the defendant received fair consideration.

Ill

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Bluebook (online)
577 A.2d 729, 22 Conn. App. 207, 1990 Conn. App. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-plaskonka-connappct-1990.