State v. Juan F.Annotate this Case
The Supreme Court affirmed the judgment of the trial court denying Defendant's pretrial motion to dismiss for failure to prosecute him within the five-year limitation period set forth in Conn. Gen. Stat. 54-193a, holding that the trial court did not err.
After a jury trial, Defendant was convicted of three counts of sexual assault in the first degree and one count of risk of injury to a child. On appeal, Defendant argued that the warrant for his arrest was not executed without unreasonable delay because the police did not execute the warrant until nearly sixteen years after its issuance. The Supreme Court affirmed, holding (1) Defendant did not satisfy his burden of establishing that he was available for arrest; and (2) therefore, the trial court properly denied Defendant's pretrial motion to dismiss the charges against him.