State v. Schlosser

Citations

• 211 Conn. App. 143

Syllabus

The defendant, who had been on probation in connection with his convic- tions, in two cases, of risk of injury to a child and sexual assault in the fourth degree, appealed to this court from the judgment of the trial court revoking his probation in each case. The parties appeared at a violation of probation hearing before the trial court, which noted that the parties had agreed to an open recommendation for sentencing, explained an open recommendation to the defendant, and canvassed the defendant on his admission to a violation of probation in each case. Held that the defendant could not prevail on his unpreserved claim that the trial court violated his due process rights by failing to advise him of his right to maintain a denial of his violation of probation: the defendant's admissions were made knowingly and voluntarily, as the court's compre- hensive canvass of the defendant informed him of the maximum sen- tence, of his right to a violation of probation hearing and the opportunity to present defenses at that hearing, and explained the state's burden of proof; moreover, the defendant indicated to the court that he was not under the influence of drugs or alcohol, that he had discussed the implications of his admissions with his attorney, and that he entered his admissions of his own free will; furthermore, the defendant's experi- ence at his underlying criminal prosecution and a prior probation revoca- tion proceeding supported the inference that his admissions were made knowingly and voluntarily. Argued November 8, 2021—officially released March 8, 2022