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eBook details

• Title: Santiago v. State
• Author : The Supreme Court of the State of Connecticut
• Release Date : January 27, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Argued March 19 Opinion This certified appeal requires us to decide whether an appellate tribunal has subject matter jurisdiction to entertain an appeal from the denial of a petition for a new trial when the petitioner has failed to seek certification to appeal pursuant to General Statutes § 54-95 (a). 1 We conclude that a petitioner's failure to seek certification to appeal pursuant to § 54-95 (a) does not deprive the appellate tribunal of jurisdiction over the appeal. We nevertheless conclude that an appellate tribunal should decline to entertain an appeal challenging the denial of a petition for a new trial until the petitioner first has sought certification to appeal pursuant to § 54-95 (a). A jury found the petitioner, Ruben Santiago, guilty of conspiracy to commit assault in the first degree in violation of General Statutes §§ 53a-59 (a) (1) 2 and 53a48, 3 rioting at a correctional institution in violation of General Statutes § 53a-179b, 4 and possession of a weapon or dangerous instrument in a correctional institution in violation of General Statutes § 53a-174a, 5 in connection with the petitioner's participation in an altercation at a correctional institution in Enfield on September 28, 1990. The trial court rendered judgment in accordance with the jury's verdict, sentencing the petitioner to a total effective term of twenty years imprisonment. The petitioner appealed to the Appellate Court, which affirmed the judgment of conviction. State v. Santiago, 48 Conn. App. 19, 32, 708 A.2d 969, cert. denied, 245 Conn. 901, 719 A.2d 1164 (1998).

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