• Superior Court
  • Milford J.D., at Milford, G.A. 22
  • CR09-0044535
  • Oct 12 2012 (Date Decided)
  • Keegan, J.

A court can deny a request for an appeal bond as a result of concerns about the defendant's risk of flight and the community's safety. A jury convicted the defendant, Mark Tenay, of driving under the influence. The court found that Tenay was a third-time offender and sentenced Tenay to three years, execution suspended after 18 months, and three years of probation. The court also ordered Tenay to pay a $2,000 fine, costs and fees. The defendant was sentenced to 30 days concurrent on a charge of reckless driving. The defendant requested that the court release the defendant while he appeals. Connecticut General Statutes §54-63f provides, "A person who has been convicted of any offense, except a violation of section 53a-54a, 53a-54b, 53a-54c or 53a-54d or any offense involving the use, attempted use or threatened use of physical force against another person, and is either awaiting sentence or has given oral or written notice of such person's intention to appeal or file a petition for certification or a writ of certiorari may be released pending final disposition of the case, unless the court finds custody to be necessary to provide reasonable assurance of such person's appearance in court." The court considered the defendant's background, criminal history, community ties and the nature of the offenses of which he was convicted. The defendant was convicted of driving under the influence three times and has convictions, in other jurisdictions, for driving when impaired. The defendant's offense is serious. Although the defendant requested an appeal bond so that he could help his mother, the defendant has a brother who could help his mother. The court exercised its discretion to deny the defendant's request for an appeal bond. "[C]ustody of the defendant," wrote the court, "is necessary to provide reasonable assurances of the defendant's appearance in court, and for the protection of the community at large."