SC20947 - State v. Mieles (“This appeal requires us to clarify the standards that
apply to a trial court’s determination to impose a postsentencing standing
criminal protective order pursuant to General Statutes § 53a-40e (a). The defendant,
Juan Mieles, appeals from the judgment of the Appellate Court, which affirmed
the trial court’s imposition of a standing criminal protective order against
him more than nine years after he was sentenced. The defendant claims that the
Appellate Court (1) incorrectly concluded that he did not challenge the imposition
of the standing criminal protective order on the basis that the trial court had
failed to abide by the standard applicable to such orders set forth in § 53a-40e
(a), and (2) improperly issued the protective order in the absence of a finding
of changed circumstances. We agree with the defendant that he adequately
briefed his claim before the Appellate Court that the trial court had employed
an incorrect legal standard in issuing the postsentencing criminal protective
order. Although we disagree with his characterization that § 53a-40e (a)
requires a finding of changed circumstances, we conclude that, when a standing
criminal protective order is issued postsentencing, in addition to its express
requirements, § 53a-40e also requires the issuing court to find that additional
evidence, which had not been presented to the sentencing court, demonstrates
that the issuance of the protective order would ‘best serve the interest of the
victim and the public . . . .’ General Statutes § 53a-40e (a). Accordingly, we
reverse the judgment of the Appellate Court and remand the case to that court
with direction to vacate the trial court’s order.”)