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State v. Rodriguez

Appellate Court of Connecticut

August 27, 2019

STATE of Connecticut
v.
Jose Luis RODRIGUEZ

         Argued March 14, 2019

         Appeal from Superior Court, Judicial District of Danbury, Russo, J.

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          Conrad Ost Seifert, assigned counsel, for the appellant (defendant).

         Jennifer F. Miller, assistant state’s attorney, with whom, on the brief, were Stephen J. Sedensky III, state’s attorney, and Deborah Mabbett, senior assistant state’s attorney, for the appellee (state).

         Lavine, Moll and Bishop, Js.

          OPINION

         LAVINE, J.

         [192 Conn.App. 116] The defendant, Jose Luis Rodriguez, appeals from the judgment of conviction, rendered following a jury trial, of public indecency in violation of General Statutes § 53a-186 (a) (2), breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (5), improper use of a marker, registration, or license in violation of General Statutes § 14-147 (c), illegal operation of a motor vehicle while his driver’s license was under suspension in violation of General Statutes § 14-215 (a), and two counts of failure to appear in the second degree in violation of General Statutes § 53a-173 (a) (1). The defendant claims on appeal that the court improperly (1) admitted evidence of uncharged misconduct, (2) instructed the jury on the uncharged misconduct evidence, and (3) denied his motion to sever the public indecency, breach of the [192 Conn.App. 117] peace, and motor vehicle charges from the failure to appear charges. We affirm the judgment of the trial court.

          The jury reasonably could have found the following facts beyond a reasonable doubt. At 2 a.m. on September 14, 2006, a waitress at Blue Colony Diner (diner) in Newtown called the police because the defendant had exposed his penis and appeared to be masturbating. When police officers arrived at the diner, the waitress directed them to the table where the defendant was seated. Although the defendant told police that someone named "Steve" dropped him off at the diner, the police found a set of keys on his person that matched an Oldsmobile in the diner parking lot. The police ran the license plate on the Oldsmobile through their database system and discovered that it belonged to a different vehicle and was registered to another individual. The police also learned that the operator’s license of the defendant had been suspended indefinitely.

          The defendant was charged with public indecency, breach of the peace in the second degree, and motor vehicle violations. He failed to appear on May 2, 2007, and July 17, ...


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