State v. Peluso

Citations

• 344 Conn. 404

Syllabus

Convicted of the crimes of sexual assault in the first degree, sexual assault in the fourth degree, and risk of injury to a child in connection with the alleged sexual abuse of the minor victim, the defendant appealed. The sexual abuse allegedly occurred when the defendant was living in the same condominium complex as the victim and her family. The original information and the long form substitute information, the latter of which was filed three weeks before the start of evidence, both alleged that the abuse occurred in 2010 or 2011, when the victim was in the fifth grade, which was consistent with the victim's sworn statement to the police. At trial, however, the victim testified that the alleged abuse occurred in 2008 or 2009, when she was in the third grade. Thereafter, the defense moved for a judgment of acquittal on the ground that the alleged offenses could not have occurred in the time frame alleged in the long form information because the defendant did not live in the condominium complex at that time. In response, the state moved to amend its information to allege that the incidents of abuse had occurred in 2008 or 2009, consistent with the victim's testimony. Defense counsel objected, arguing that the state had failed to show good cause for the late amendment, as required by the applicable rule of practice (§ 36- 18), insofar as the prosecutor admitted to the court that the state had become aware two to four weeks before the start of trial, when preparing the victim for her court appearance, that the time frame alleged in the information was inaccurate and that the alleged incidents of abuse could not have occurred in 2010 or 2011. Defense counsel also argued that the defendant would be prejudiced by the late amendment because the defendant's entire defense was based on the fact that he did not live in the condominium complex in 2010 or 2011. The trial court granted the state's motion to amend its information, determining that there was good cause for the l