132 Conn. App. 233
Conn. App. Ct.2011Background
- Defendant Gutierrez pleaded guilty to two marijuana counts; sentenced to two years with execution suspended and two years probation.
- Subsequently, he was arrested for assault, robbery, larceny, and breach of peace.
- Probation violation hearing held April–May 2010 based on alleged post-plea criminal activity.
- Court found probation violation and sentenced to two years incarceration.
- Appeal argued (1) improper exclusion of accents testimony, (2) reliance on statements not in evidence, (3) sufficiency of probation-violation findings.
- Additional factual context includes witness identifications by Gualan and Mogrovejo and their police statements/oral descriptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of accents testimony | Gutierrez | Gutierrez | Court did not abuse discretion |
| Reliance on non-evidentiary statements | Gutierrez | Gutierrez | Court properly weighed in-court and out-of-court identifications |
| Probation-violation finding credibility | Gutierrez | Gutierrez | No clear error; credibility determinations supported by evidence |
Key Cases Cited
- State v. Reddick, 33 Conn. App. 311 (1993) (evidentiary discretion in probation hearings; repeat testimony admissibility)
- State v. Quinones, 92 Conn. App. 389 (2005) (probation hearings; evidentiary standards relaxed)
- State v. Young, 63 Conn. App. 794 (2001) (probation-adjacent procedures; reliability considerations)
- State v. Hill, 256 Conn. 412 (2001) (standard of review for trial court factual findings; deference to credibility)
- Blum v. Blum, 109 Conn. App. 316 (2008) (trial court as sole arbiter of witness credibility)