State v. Freeman

Citations

• 344 Conn. 503

Syllabus

Convicted, on a conditional plea of nolo contendere, of the crime of robbery in the first degree, the defendant appealed to the Appellate Court, claim- ing that his prosecution was time barred by the applicable five year statute of limitations ((Rev. to 2017) § 54-193 (b)) because, although the warrant for his arrest was issued two weeks before the expiration of felony. 4. Knowledge of the officer's presence may cause the suspected violator to cease the commission of a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest.''). This case originally was scheduled to be argued before a panel of this court consisting of Chief Justice Robinson and Justices McDonald, D'Auria, Mullins, Kahn, Ecker and Keller. Although Justice Mullins was not present at oral argument, he has read the briefs and appendices, and listened to a recording of the oral argument prior to participating in this decision. 504 AUGUST, 2022 344 Conn. 503 State v. Freeman the limitation period set forth in § 54-193 (b), it was executed one week after its expiration. The defendant had filed a motion to dismiss, which the trial court denied, finding that, because there was at least some evidence that the state had made efforts to execute the warrant before the expiration of the limitation period, the delay in the execution of the warrant was reasonable. At the hearing on that motion, the prosecutor relied on a stipulation of facts setting forth a relevant chronology of events. The stipulation provided that, while incarcerated on unrelated charges in early November, 2018, the defendant confessed to his involve- ment in the robbery, which occurred on November 29, 2013. On Novem- ber 19, 2018, the police obtained a signed warrant for the defendant's arrest and requested that the Office of the State's Attorney prepare an application for a writ of habeas corpus to have the defendant transported from the correctional facility at which he was incarcerated to the trial cou