State v. Quintiliano
State v. Quintiliano
Opinion of the Court
This case was heard together with another case decided this date. State v. Sanabria, 192 Conn. 671, 474 A.2d 760 (1984).
The defendant, Matthew Quintiliano, has appealed from the trial court’s denial of his motion to quash an order summoning and impaneling a grand jury. Because we hold that the denial of the defendant’s motion to quash is not a final judgment, we dismiss the appeal sua sponte.
On February 16, 1983, the defendant was arrested and charged with murder in violation of General Statutes § 53a-54a (a), in connection with the death of his
The history of the grand jury and its common law, statutory, and constitutional bases are explained more fully in State v. Sanabria, supra, 674-80. It suffices to say that from its original adoption in 1818, the Connecticut constitution had provided that no person may be held to answer for any crime punishable by death or life imprisonment unless first indicted by a grand jury. See Conn. Const., art. I § 8. The General Statutes also required a grand jury indictment as a precondition to trial for such charges. General Statutes § 54-45.
In November, 1982, however, the voters adopted amendment seventeen to the Connecticut constitution. Amendment seventeen repealed the grand jury provisions that had been a part of article first, § 8. It also amended article first, § 8 to provide that for all charges punishable by death or life imprisonment the court must order a hearing to determine if probable cause exists to bring the defendant to trial. State v. Sanabria, supra, 675-80. The substance of the defendant’s claim is that because the constitutional grand jury provision was repealed in November, 1982, the state was without authority to present him before a grand jury for a charge lodged in February, 1983.
“In Connecticut an appeal is purely a statutory privilege accorded only if the conditions fixed by statute and the rules of court for taking and prosecuting the
“The appealable final judgment in a criminal case is ordinarily the imposition of sentence . . . .” State v. Seravalli, 189 Conn. 201, 205, 455 A.2d 852 (1983); quoted in State v. Longo, supra, 89; State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983); see also State v. Grotton, 180 Conn. 290, 293, 429 A.2d 871 (1980). Certain presentence orders are deemed final for purposes of appeal, however, and may be appealed immediately. The appropriate test for finality was enunciated in State v. Curcio, supra. “An otherwise interlocutory order is appealable in two circumstances: (1) where the order or action terminates a separate and distinct proceeding, or (2) where the order or action so concludes the rights of the parties that further proceedings cannot affect them.” Id., 31. State v. Longo, supra, 89; State v. Southard, 191 Conn. 506, 509-10, 467 A.2d 920 (1983).
In State v. Curcio, supra, we held that the denial of a motion to quash the summoning and impaneling of a grand jury does not satisfy the first prong of that test because grand jury proceedings were a “mandated step in the process of bringing the accused to final adjudication. By no means were they separate and distinct from it.” Id., 33. It follows that the denial of this defendant’s motion fails the first prong of the test for finality for the same reason.
The appeal is dismissed sua sponte.
In this opinion the other judges concurred.
Reference
- Full Case Name
- State of Connecticut v. Matthew Quintiliano
- Status
- Published