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Criminal Jury Instructions

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4.4-2  Failure to Appear (While on Probation) -- 53a-172 (a) (2) and 53a-173 (a) (2)

Revised to December 1, 2007 (modified May 20, 2011)

Note:  The degree of the offense depends on the classification of the underlying crime.  See 53a-172 (first degree: felony); 53a-173 (second degree: misdemeanor or motor vehicle violation which a sentence of a term of imprisonment may be imposed).

The defendant is charged [in count ___] with failure to appear in the (first/second) degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of failure to appear in the (first / second) degree when while on probation for conviction of a (felony / misdemeanor / motor vehicle violation), (he/she) wilfully fails to appear when legally called for any court hearing relating to a violation of probation hearing.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - On probation
The first element is that the defendant was on probation for a conviction of a (felony / misdemeanor / motor vehicle violation).  I instruct you, as a matter of law, that the crime of <insert underlying charge> is a (felony / misdemeanor / motor vehicle violation).

Element 2 - Duty to appear
The second element is that on <insert date>, the defendant was required to appear before (a court or judicial officer) in connection with the charge of violation of probation. 

Element 3 - Failure to appear
The third element is that the defendant wilfully failed to appear as required.  An act is done wilfully if done knowingly, intentionally, and deliberately.  In order to prove this element, the state must prove beyond a reasonable doubt either that the defendant received and knowingly, intentionally, and deliberately ignored a notice to appear or that the defendant knowingly, intentionally, and deliberately embarked on a course of conduct designed to prevent (him/her) from receiving such notice.1  <See Knowledge, Instruction 2.3-3.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was on probation for a conviction of a (felony / misdemeanor / motor vehicle violation), 2) (he/she) was required to appear on <insert date> in connection with the charge of violation of probation, and 3) (he/she) wilfully failed to appear.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of failure to appear, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 State v. Cerilli, 222 Conn. 556, 583-84 (1992).
 


 

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