37 Conn. App. 252 | Conn. App. Ct. | 1995
The defendant appeals from a judgment of conviction of murder in violation of General Statutes § 53a-54a (a)
We conclude that neither § 54-94a nor § 4003 implicates our subject matter jurisdiction. We will not consider the merits of the defendant’s appeal, however, because it does not fit within the framework of § 54-94a, meet the requirements of § 4003 or present an appropriate occasion for the exercise of our supervisory power.
The following facts were made a part of the record by the state at the time the defendant entered his conditional plea of nolo contendere. The defendant was arrested on drug charges in early 1992. After the arrest, he was recruited as a confidential informant by
The defendant moved to suppress the October 21 statement on the grounds that (1) he had not waived his Miranda rights and (2) the statement was taken in violation of his right to a prompt arraignment pursuant to General Statutes § 54-lc.* ***
After a hearing, the trial court denied the motion to suppress. The defendant then entered a plea of nolo contendere to the charge of murder with the agreement of the state and the approval of the court. The defendant expressly conditioned his plea on the right to vacate it if his appeal of the trial court’s denial of the motion
The threshold issue before us on appeal is whether this court has subject matter jurisdiction. The state asserts that we do not have subject matter jurisdiction pursuant to § 54-94a because the statute permits a conditional plea of nolo contendere and appeal only when the motion to suppress a statement is based on a claim of involuntariness. The state also asserts that § 4003 improperly attempts to confer subject matter jurisdiction on the appellate courts by rule. We disagree with the state’s claims.
I
Despite the defendant’s frustration over the state’s now challenging a plea to which it agreed in the trial court, it is axiomatic that whenever the question of subject matter jurisdiction is raised, the court must address it before proceeding further. Sadloski v. Manchester, 228 Conn. 79, 84, 634 A.2d 888 (1994); Castro v. Viera, 207 Conn. 420, 429, 541 A.2d 1216 (1988). It is also axiomatic that the parties cannot confer subject matter jurisdiction on a court by agreement. Sadloski v.
“Subject matter jurisdiction involves the authority of a court to adjudicate the type of controversy presented by the action before it .... A court does not truly lack subject matter jurisdiction if it has competence to entertain the action before it ... . Jurisdiction involves the power in a court to hear and determine the cause of action presented to it and its source is the constitutional and statutory provisions by which it is created.” (Citations omitted; internal quotation marks omitted.) State v. Carey, 222 Conn. 299, 304-305, 610 A.2d 1147 (1992); Craig v. Bronson, 202 Conn. 93, 101, 520 A.2d 155 (1987).
The power to hear appeals in criminal cases is conferred by General Statutes § 54-95.
When viewed in light of the definition of subject matter jurisdiction and the statutes that create such jurisdiction, it becomes clear that § 54-94a neither confers nor curtails appellate subject matter jurisdiction. What § 54-94a does is abrogate, in certain circumstances, the waiver of constitutional rights that is implicit in a guilty
In enacting § 54-94a, the legislature created a new, expedited route to the appellate courts but it did not create a new jurisdictional doorway into those courts.
The state posits the issue as one of subject matter jurisdiction, but we conclude that the only question pre
II
In order to utilize the benefits of § 54-94a, a defendant’s claim must fall within the purview of the statute. Specifically, the motion to suppress must challenge the voluntariness of the statement. The defendant asserts that his motion to suppress, which challenged the admission of the statements because they were made without the benefit of counsel, is a claim that is within the statute. He argues that the legal concept of “voluntariness” encompasses claims of both self-incrimination and right to counsel.
The defendant relies on an attorney’s statement to the joint committee on the judiciary
The defendant fails to cite any precedent in which our courts have held that a motion to suppress an uncounseled statement met the requirements set forth in § 54-94a. Nor has he cited any cases for the proposition that a statement that is made in the absence of counsel is involuntary per se. Our courts have held that in order for a defendant to appeal pursuant to § 54-94a the conditions therein must be satisfied, and the court will not liberally construe those requirements. See State v. Gilnite, supra, 202 Conn. 375-76. We, therefore, decline to read § 54-94a in the expansive fashion urged by the defendant.
The defendant relies in the alternative on § 4003 (b),
The rule increases the number of situations wherein an appeal can be taken without the necessity for a full trial. This is consistent with the notions of judicial economy that underpin § 54-94a. Section 4003 also answers the concerns expressed by the Supreme Court in State v. Madera, supra, 198 Conn. 92. The Madera court noted that the conditional nolo contendere plea could be abused if not limited to dispositive matters. The court also stated that the trial courts should not “employ this procedural innovation except in situations plainly within the provisions of § 54-94a” until a rule was furnished to prevent abuse. Id., 102. Section 4003 provides such a rule to expedite appeals within the framework of the appellate courts’ existing subject mat
The defendant’s claims cannot be reviewed pursuant to § 4003 (b) because the rule provides that the judgment shall be set aside only if the defendant prevails on appeal. The defendant expressly conditioned his plea on the right to withdraw it if he should prevail as to either or both of the challenged statements. Partial success by the defendant is outside the contemplation and spirit of the rule. It would, in effect, modify the word “prevails” in the rule to “prevails in part.” Such an interpretation would run counter to, rather than advance the interests of, judicial economy and efficiency by allowing piecemeal appeals. If the defendant prevailed as to only one of the challenged statements, he could then withdraw his plea, go to trial and, if convicted, appeal again. An appellate court might then have to review this matter again on appeal, and the trial court would have had a full trial — exactly what the rule was designed to eliminate. This scenario is the antithesis of judicial economy.
The defendant’s appeal does not properly fit within § 4003 (b) because of his reservation of the right to
IV
The defendant lastly asserts that a refusal by this court to review his appeal pursuant to our supervisory authority will “overrule the Supreme Court case of State v. Chung, [202 Conn. 39, 519 A.2d 1175 (1987)].” (Emphasis in original.) In State v. Chung, supra, 39, the defendant pleaded nolo contendere in the trial court with the agreement of the state and the approval of the trial judge. The defendant, thereafter, appealed from the judgment of conviction and claimed that the trial court improperly denied his motion to suppress certain statements elicited from him. The version of § 54-94a in effect in Chung did not include the denial of a motion to suppress statements among the matters subject to a conditional nolo contendere plea.
Our Supreme Court stated in Chung: “Moreover, to force this defendant to go through an entire trial to preserve the right to appeal the pretrial ruling, under the facts of this case, would be a waste of judicial time and resources.” (Emphasis in original.) State v. Chung, supra, 202 Conn. 45. The emphasis on “this” defendant strongly suggests that Chung is limited to its facts. The case law also demonstrates the court’s reluctance to extend the scope of § 54-94a beyond the three instances enumerated in the statute. In State v. Madera, supra, 198 Conn. 98, the Supreme Court refused to review an appeal pursuant to § 54-94a that challenged the trial court’s denial of a motion to suppress a confession because the statute did not then include such a motion.
We no.te also that in State v. Kelly, 206 Conn. 323, 537 A.2d 483 (1988), the Supreme Court refused to exercise its supervisory authority to review a juvenile transfer matter that was outside the ambit of § 54-94a. The language of Chung and the refusal of the Supreme Court to review the claims in Kelly counsel us to use our supervisory power only in appropriate circumstances. For the reasons stated in part II of this opinion, this case does not present such a situation.
The trial court improperly accepted the plea of nolo contendere because the condition could not be fulfilled under our procedures.
The judgment is reversed and the case is remanded for further proceedings.
In this opinion the other judges concurred.
General Statutes § 53a-54a (a) provides: “A person is guilty of murder when, with intent to cause the death of another person, he causes the death
General Statutes § 54-94a provides: “conditional nolo contendere PLEA. APPEAL OF DENIAL OF MOTION TO SUPPRESS OR DISMISS. When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court’s denial of the defendant’s motion to suppress evidence based on an unreasonable search or seizure, motion to suppress statements and evidence based on the involuntariness of a statement or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law. The issue to be considered in such an appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss. A plea of nolo contendere by a defendant under this section shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecution.”
Practice Book § 4003 provides: “(a) When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court’s denial of the defendant’s motion to suppress evidence based on an unreasonable search or seizure or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law. The issue to be considered in such appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss. A plea of nolo contendere by a defendant under this section shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecution. The court shall not accept a nolo contendere plea pursuant to this subsection where the denial of the motion to suppress would not have a significant impact upon the disposition of the case in the trial court. The court shall also decline to accept such a nolo contendere plea where the record available for review of the denial of the motion to suppress or motion to dismiss is inadequate for appellate review of the court’s determination thereof.
“(b) With the approval of the court, after a hearing to consider any objections thereto, a defendant may enter a conditional plea of guilty or nolo
The defendant does not claim that the other grounds asserted in his motion are included in the statutory language, nor does he claim that those other grounds are subsumed within his uncounseled statements claim.
General Statutes § 54-lc provides: “admissibility of confession. Any admission, confession or statement, written or oral, obtained from an accused person who has not been presented to the first session of the court, or on the day specified for arraignment under the provisions of section 54-lg, or who has not been informed of his rights as provided by section 54-lb or section 54-64b, shall be inadmissible.”
The sixth amendment to the constitution of the United States provides in pertinent part: “In all criminal prosecutions, the accused shall . . . have the assistance of counsel for his defense.”
Practice Book § 4023 provides in pertinent part that the Supreme Court “may transfer a cause . . . from itself to the appellate court. ...”
General Statutes § 54-95 provides in pertinent part: “(a) Any defendant in a criminal prosecution, aggrieved by any decision of the superior court, upon the trial thereof . . . may be relieved by appeal
We note that during the floor discussion of the proposed § 54-94a, Representative Richard Tulisano stated: “[T]he right of appeal already exists based on this issue . . . it effectively speeds up the process and just gets the matter before the courts faster and saves the state a lot of money on
Attorney Brian Kornbrath’s statement to the joint committee on the judiciary was as follows: “We’re asking that the committee pass this resolution because there are a number of cases where the voluntariness of the statement based on both the fifth amendment and the sixth amendment privileges under the United States Constitution and Article I, Section 8 of the Connecticut Constitution is the only issue.
See footnote 3.
Contrary to the state’s contention, this court properly reviewed appeals arising out of nolo contendere pleas in State v. Rutledge, 17 Conn. App. 250, 251 n.1, 552 A.2d 435 (1989); State v. Ballantyne, 17 Conn. App. 209, 211 n.2, 551 A.2d 770 (1988); State v. Scott, 16 Conn. App. 172, 173, 547 A.2d 77, cert. denied, 209 Conn. 821, 551 A.2d 758 (1988); State v. Smith, 16 Conn. App. 156, 157-58 n.1, 547 A.2d 69, cert. denied, 209 Conn. 820, 551 A.2d 758 (1988). In each of these cases the conditions of § 4003 were satisfied although none of the cases came within the purview of § 54-94a.
At the time Chung was decided, General Statutes (Rev. to 1987) § 54-94a provided for an appeal “from the court’s denial of the defendant’s motion to suppress evidence based on an unreasonable search or seizure or motion to dismiss . . . .”
Madera was decided before § 54-94a was amended in 1988 to include a motion to suppress involuntary statements.
The defendant expressly conditioned his plea on full appellate review of his claims. Because we refuse to answer the issues raised by the defendant on appeal, the appeal, the plea and judgment thereon cannot stand. See State v. Madera, supra, 198 Conn. 111, where the court set aside the judgment rendered on a conditional plea after finding that the issues raised on appeal were not reviewable.