Rule 44-37. Definition of Terms

Unless the context clearly requires otherwise:

(1) ''Prosecuting authority'' means any person appointed or otherwise designated or charged generally or specially with the duty of prosecuting persons accused of criminal offenses in any court, and includes, but is not limited to, the chief state's attorney and any deputies or assistants and each state's attorney of the Superior Court and any deputies or assistants.

(2) ''Public defender'' means any attorney appointed or otherwise designated or charged generally or specially by the court with the duty of representing persons accused of criminal offenses in any court or of representing anyone in habeas corpus proceedings or appeals, and includes, but is not limited to, the chief public defender and any deputies or assistants, and each public defender and any deputies or assistants.

(3) ''Law enforcement officer'' means any person vested by law with a duty to maintain public order or to make arrests for offenses, and includes, but is not limited to, a member of the state police department or an organized local police department, a detective in the Division of Criminal Justice, a sheriff or deputy sheriff, a conservation officer or special conservation officer as defined in General Statutes § 26-5, a constable who performs criminal law enforcement duties, a special policeman appointed under General Statutes §§ 29-18, 29-18a or 29-19, or an official of the Department of Correction authorized by the Commissioner of Correction to make arrests in a correctional institution or facility. ''Law enforcement officer'' also includes state and judicial marshals, but only where the use of that term in these rules is consistent with the authority given to such marshals by statute.

(4) ''Offense'' means any crime or violation which constitutes a breach of any law of this state or any local law or ordinance of a political subdivision of this state, for which a sentence of a term of imprisonment or a fine, or both, may be imposed, including infractions.

(5) ''Crime'' means a felony or a misdemeanor.

(6) ''Violation'' means an offense for which the only sentence authorized is a fine and which is not expressly designated as an infraction.

(7) ''Felony'' means an offense for which a person may be sentenced to a term of imprisonment in excess of one year.

(8) ''Misdemeanor'' means an offense for which a person may be sentenced to a term of imprisonment of not more than one year.

(9) ''Infraction'' means an act or a failure to act which is designated by the General Statutes as an infraction.

(10) ''Trial'' means that judicial proceeding at which the guilt or innocence of the defendant to the offense or offenses charged is to be determined. RULES OF APPELLATE PROCEDURE CHAPTER 60 GENERAL PROVISIONS RELATING TO APPELLATE RULES AND APPELLATE REVIEW

Committee Notes

(P.B. 1978-1997, Sec. 1021.) (Amended June 25, 2001, to