State v. King

Citations

• 346 Conn. 238

Syllabus

Pursuant to statute (§ 14-227a (a)), ''[a] person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content.'' Pursuant further to statute (§ 14-227a (g)), any person who violates any provision of § 14-227a (a) shall be subject to sentence enhancement ''for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense,'' and, ''[f]or purposes of the imposition of penalties for a . . . third and subsequent offense . . . a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as [those in § 14-227a (a) (1) or (2)] . . . shall constitute a prior conviction for the same offense.'' Convicted of operating a motor vehicle while under the influence of intox- icating liquor or drugs in Connecticut, the defendant appealed. After the jury found the defendant guilty of operating a motor vehicle under the influence, the trial court found the defendant guilty of being a third time offender and enhanced his sentence under § 14-227a (g). The enhancement was based on the defendant's two prior Florida convictions 346 Conn. 238 FEBRUARY, 2023 239 State v. King under that state's driving under the influence statute (§ 316.193 (1)). In enhancing the sentence, the trial court determined that the elements of the Florida statute were ''substantially the same'' as the elements of § 14-227a (a) for purposes of § 14-227a (g). The Appellate Court upheld the judgment of conviction, and the defendant, on the granting of certifi- cation, appealed to this court, claiming that the Appellate Court incor- rectly had concluded that the elements of § 316.193 (1) were ''substantially the same'' as the elements of § 14-227a (a) for enhance- ment