232 Conn.App. 122
Conn. App. Ct.2025Background
- Defendant Luis E. Colon was convicted, following a jury trial, of possession of a controlled substance and operating a motor vehicle with an elevated blood alcohol content.
- On March 10, 2020, Colon was stopped by a Connecticut State Trooper after erratic driving and failing to use a turn signal on a busy highway.
- Colon admitted to having alcohol and illegal drugs in the car; a search revealed both alcohol and cocaine.
- Field sobriety tests and two breath tests were administered, both indicating a blood alcohol content over 0.08%.
- Colon, represented by counsel, did not move to sever the charges before or during the trial.
- Post-conviction, Colon appealed, arguing for the first time that the offenses were improperly joined and that evidence was insufficient for the DUI conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper Joinder of Charges | Offenses were not of same character; plain error to join | State joined offenses incorrectly without motion; required sever | No plain error; court had no sua sponte obligation to sever |
| Sufficiency of Evidence – Blood Alcohol | Sufficient evidence (field tests, breathalyzer, expert) | Breath test may overstate BAC for some; could not prove >0.08% | Evidence sufficient; jury could find BAC >0.08% |
| Court’s Sua Sponte Duty to Sever | Court should have separated cases automatically | Failure to sever is a reversible, prejudicial error | No such duty absent motion or evidence of prejudice |
| Reliability of Breathalyzer Conversion | Test is standard, expert confirmed accuracy | Breath/blood conversion factor gives false positives for some | Expert testimony supports reliability; jury decides weight |
Key Cases Cited
- State v. Berube, 256 Conn. 742 (Conn. 2001) (no plain error for trial court not to sever joined cases sua sponte; silent defendant may be proceeding tactically)
- State v. Groomes, 232 Conn. 455 (Conn. 1995) (no plain error for not severing charges on its own)
- State v. Varricchio, 176 Conn. 445 (Conn. 1975) (no duty for court to move for separate trials without motion)
- State v. Kirsch, 263 Conn. 390 (Conn. 2003) (weight, not reliability, is for fact-finder when expert methodology challenged)
- Menard v. State, 346 Conn. 506 (Conn. 2023) (trier of fact may accept or reject any part of expert testimony)