State v. Mattioli

In State v. Mattioli, 210 Conn. 573, 556 A.2d 584 (1989) the Court considered whether the enhanced penalties provided in 14-227a (h) (3) apply to the third conviction of a defendant when only one of his two prior convictions occurred "within five years" of his present conviction. The defendant in Mattioli argued that he could not be charged as a third offender pursuant to 14-227a (h) (3) because his third conviction for violating 14-227a did not occur within five years of his first conviction for violating the statute. Id. The Court held, however, that 14-227a (h) (3) does not require that the third conviction be within five years of all prior convictions. Id. at 575-76.