State v. Suzanne P.

Citations

• 208 Conn. App. 592

Syllabus

Convicted on a plea of guilty of the crime of operating a motor vehicle while under the influence of intoxicating liquor or drugs as a second offender, the defendant appealed to this court following the trial court's denial of her motion to modify a condition of her probation. As part of the plea agreement, the state entered a nolle prosequi as to each of two unrelated charges against the defendant, for breach of the peace in the second degree and criminal trespass in the first degree. The breach of the peace charge arose from an incident between the defendant and her boyfriend, L, and the criminal trespass charge arose from an incident in which the defendant trespassed on the property of her former hus- band, R, and their two children. As part of the defendant's sentence, the court imposed a special condition of probation, in which it ordered that the defendant have no contact with the ''domestic violence com- plainants.'' After the commencement of her probationary period, the defendant filed a motion, requesting that the no contact condition be modified to delete the phrase ''domestic violence complainants'' and to replace it with language that specifically referenced only L and R. After a hearing, the trial court denied the motion and the defendant appealed to this court. Held: 1. The trial court's determination that the special condition prohibited the defendant from having any contact with her children was not improper: although the trial court's oral pronouncement that the defendant have no contact with the ''domestic violence complainants'' was ambiguous, its clarification that the phrase was meant to include the defendant's children was not manifestly unreasonable, because, even though crimi- nal trespass is not a domestic violence crime, it was clear that the court intended the phrase ''domestic violence complainants'' to include those affected by the defendant's criminal trespass in addition to the victim of the breach of the peace, L, and, although the ch