State v. Rivas

Citations

• 233 Conn. App. 506

Syllabus

Convicted, following a conditional plea of nolo contendere, of the crime of operating a motor vehicle while under the influence of alcohol or drugs, the defendant appealed. He claimed, inter alia, that the trial court improperly denied his motion to dismiss because the state's seven month delay in executing its arrest warrant violated his right to due process. Held: The trial court properly denied the defendant's motion to dismiss, as the defendant failed to present the court with a sufficient factual record to demonstrate that he suffered actual, substantial prejudice as a result of the state's preaccusation delay and, thus, a violation of his right to due process.. The prosecution of the defendant for operating a motor vehicle while under the influence of alcohol or drugs did not violate his prior plea agreement with the state as to a charge of interfering with an officer that arose out of the same criminal incident, the defendant having presented no evidence to establish a reasonable belief that the plea agreement had terminated all of his criminal liability flowing from his conduct during that same incident. Argued April 14—officially released July 1, 2025