Any person appealing from the judgment of the Superior Court, adjudging him to pay a fine only, may pay the same at any time before the hearing in the Supreme Court or Appellate Court, without further cost, which payment shall vacate the appeal and restore the judgment.
(1949 Rev., S. 8734; 1959, P.A. 28, S. 139; P.A. 74-183, S. 131, 291; P.A. 76-436, S. 522, 681; June Sp. Sess. P.A. 83-29, S. 53, 82.)
History: 1959 act substituted circuit court for trial justice and municipal courts, which were abolished and changed technical operation of statute; P.A. 74-183 replaced circuit court with court of common pleas and specified appellate session as that of superior court, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court and appellate session of superior court with hearing in supreme court, effective July 1, 1978; Sec. 54-13 transferred to Sec. 54-96a in 1981; June Sp. Sess. P.A. 83-29 included reference to appellate court.
Annotations to former section 54-13:
Cited. 171 C. 417.
Section by implication may be sufficient to hold that payment of fine precludes a review. 23 CS 135. Partial execution of sentence by payment of fine does not deprive court of power to open judgment. Id., 179.
Annotations to present section:
Section does not govern involuntary payment of fines. 76 CA 169.
Defendant's payment of fine on basis of directive of court clerk was an involuntary payment for purposes of section. 51 CS 91.
Notes of Decisions
Cited in
7
cases, 1999–2010 · leading case:
State v. Begley, 2 A.3d 1 (Conn. App. Ct. 2010).
State v. Begley, 2 A.3d 1 (Conn. App. Ct. 2010).
· cites it 8× “*553 In the first instance, it bears emphasis that § 54-96a does not apply to the current situation.”
State v. Walczyk, 818 A.2d 868 (Conn. App. Ct. 2003).
· cites it 5× “Under General Statutes § 54-96a, 7 payment of fines before an Appellate Court hearing “shall vacate the appeal and restore the judgment [of the trial court].”
State v. Arpi, 818 A.2d 48 (Conn. App. Ct. 2003).
· cites it 6× “) § 54-13, now General Statutes § 54-96a, which provides: “Any person appealing from the judgment of the Superior Court, adjudging him to pay a fine only, may pay the same at any time before the hearing in the Supreme Court or Appellate Court, without further cost, which payment…”
State v. Ryder, 958 A.2d 797 (Conn. App. Ct. 2008).
· cites it 5× “General Statutes § 54-96a provides: “Any person appealing from the judgment of the Superior Court, adjudging him to pay a fine only, may pay the same at *275 any time before the hearing in the Supreme Court or Appellate Court, without further cost, which payment shall vacate the…”
State v. Ryder, 976 A.2d 116 (Conn. Super. Ct. 2009).
· cites it 6× “This court finds such payment to have been involuntary for purposes of the application of General Statutes § 54-96a. 1 II COLLATERAL CONSEQUENCES A Facts On November 23,2004, Katherine Bella, a social work supervisor with the department of children and families (department),…”
State v. Eastman, 884 A.2d 442 (Conn. App. Ct. 2005).
· cites it 2× “” When a defendant voluntarily pays in full a fine that has been imposed, there is “complete compliance with the sentence of the court; the [substantive] questions [become] moot; the matter [is] at an end, and no right of appeal exist[s] thereafter from the satisfied judgment…”
State v. Torrance, 738 A.2d 664 (Conn. App. Ct. 1999).
· cites it 2× “A demand for a trial de novo shall be filed with the court clerk within five days of the date the decision was rendered by the magistrate and, if filed by the prosecuting authority, it shall include a certification that a copy thereof has been served on the defendant or his or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.