On appeal, the Appellate Court affirmed Perez' conviction. See State v. Perez, 80 Conn. App. 354, 364, 835 A.2d 84 (2003), superseded, 82 Conn. App. 100, 842 A.2d 1187, cert. denied, 269 Conn. 904, 852 A.2d 734 (2004). In doing so, the Appellate Court summarized the facts underlying the charges that the state had filed against Perez: "On May 28, 2000, an officer with the Berlin police department attempted to stop and approach the vehicle being driven by [Perez] after discovering that it was displaying a stolen marker plate.
WEST, J. The defendant, Daniel Perez, filed a motion requesting that this court reconsider en banc our decision in State v. Perez, 80 Conn. App. 354, 835 A.2d 84 (2003). Although the court denied the defendant's motion for reconsideration en banc, this panel decided to grant reconsideration, sua sponte, and to publish this opinion in place of State v. Perez, supra, 354, for the purpose of clarifying our previous decision.
" (Internal quotation marks and citations omitted.) See State v. Perez, 80 Conn. App. 354, 359 (2003). There is no credible evidence that O'Brien failed to prosecute others who have been accused of similar assaults, singled out the petitioner for prosecution or that the petitioner was prosecuted for some otherwise impermissible reason.