The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Criminal Law Supreme Court Opinion

by Booth, George


SC19645 - State v. Acosta (Sexual assault first degree; risk of injury to child; certification from Appellate Court; "The primary question presented in this appeal is whether evidence of uncharged sexual misconduct that occurred twelve years before a charged offense is too remote to be admissible pursuant to the factors set forth in State v. DeJesus, 288 Conn. 418, 476, 953 A.2d 45 (2008). The defendant, Roberto Acosta, appeals from the judgment of the Appellate Court affirming his judgment of conviction, following a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2), and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (1) and (2). State v. Acosta, 162 Conn. App. 774, 775, 129 A.3d 808 (2016). The defendant, relying on DeJesus, argues that evidence of twelve year old uncharged sexual misconduct is too remote and insufficiently similar to the charged offenses, that the trial court therefore abused its discretion in admitting it, and that the Appellate Court improperly concluded otherwise. The state counters that the uncharged conduct is not too remote under DeJesus, particularly in light of the similarities between the conduct and the victims. We agree with the state that the trial court acted within its discretion in admitting the evidence and affirm the judgment of the Appellate Court.")