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STATE v. MATTIOLI

(13501)

210 Conn. 573 (1989)

STATE OF CONNECTICUT v. JOSEPH MATTIOLI

Supreme Court of Connecticut.

Decision released April 4, 1989.

Attorney(s) appearing for the Case

Norton P. Feinstein, with whom was Lionel A. DeSilva, for the appellant (defendant).

John O'Meara, deputy assistant state's attorney, with whom, on the brief, were Eugene Callahan, state's attorney, and Steven Weiss, assistant state's attorney, for the appellee (state).

PETERS, C. J., SHEA, GLASS, COVELLO and HULL, JS.

PETERS, C. J.

General Statutes § 14-227a (h) (3),1 provides enhanced penalties for a third conviction of driving under the influence of alcohol "within five years after a prior conviction." The dispositive issue in this appeal is whether these enhanced penalties apply to the third conviction of a defendant when only one of his two prior convictions occurred "within five years" of his present...

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