149 Conn. App. 714
Conn. App. Ct.2014Background
- Defendant, Denya, pleaded guilty in 1998 to multiple counts of risk of injury to a child and sexual assault in the fourth degree for molesting his autistic niece; he was sentenced to 10 years with execution suspended after 3 years, followed by 10 years of probation with lifetime sex-offender registration and no contact with minors.
- In 2004, the trial court found probation violations and reopened the sentence, reimposing the original 10-year term but increasing total probation to 35 years and adding electronic monitoring at the defendant’s expense.
- On October 26, 2010, Denya moved to modify probation under General Statutes § 53a-30(c); after a hearing, the court denied modification and highlighted past deception and probation violations.
- The court noted that the defendant’s violation had gone undetected until a private investigator uncovered contact with children, and commented that even a capable probation officer failed to detect the violations.
- Denya appealed, challenging (a) the length of his probation and (b) the electronic monitoring; the issue centered on whether the court abused its discretion in denying modification and in maintaining monitoring.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there good cause to modify probation? | Denya argues rehabilitation warrants modification. | State contends discretion not abused given deceit and risk. | No abuse; court acted within discretion. |
| Should electronic monitoring be removed? | Denya argues monitoring should end given time and changes. | State asserts monitoring remains appropriate due to deception. | No error; monitoring upheld. |
Key Cases Cited
- State v. Denya, 294 Conn. 516 (Conn. 2010) (probation modification standards and electronic monitoring issues discussed)
- State v. Preston, 286 Conn. 367 (Conn. 2008) (discretionary standard for probation modification)
