DocketNumber: No. CR94 010 28 06 T
Citation Numbers: 1995 Conn. Super. Ct. 1771-UUU, 13 Conn. L. Rptr. 509
Judges: RONAN, J.
Filed Date: 2/23/1995
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant, Clifford Johnson, was arrested by Bridgeport police officers, without a warrant, on November 7, 1994. He was presented in the Superior Court, G.A. 2, on November 9, 1994. The charges at that time included (1) the sale of illegal drugs in violation of section
On December 21, 1994, this case was transferred to Part A of the Superior Court. Thereafter, on January 3, 1995, in a long form information the defendant, in addition to the original charges, was also charged with a violation of General Statutes section
A probable cause hearing in this matter commenced on February 2, 1995 at which time the defendant moved to dismiss the charge in question.
The defendant argues that he was entitled to a preliminary probable cause hearing within sixty days of November 9, 1994, which was his first court date resulting from his arrest two days earlier (November 7, 1994) since section
The defendant's position is untenable when one considers the consequences of such a view. If the interpretation urged by the defendant were to be adopted, the prosecution would be effectively precluded from ever amending an information to include a crime punishable by death or life imprisonment after the filing of the original complaint or information. Such a result would be unworkable and could result in serious injustice in some circumstances.
Clearly, the sixty day time period provided for in section
In this case the controlling date is January 3, 1995. Since the hearing in probable cause commenced on February 2, 1995, the proscribed statutory standard has been satisfied.
The motion to dismiss the first count of the information is denied.