State v. Brown

• Decision Date: 17 January 2012
• Docket Number: No. 32597.,32597.
• Citation: 133 Conn.App. 140,34 A.3d 1007
• Court: Connecticut Court of Appeals
• Parties: STATE of Connecticut v. Ronald BROWN.

133 Conn.App. 140

34 A.3d 1007

STATE of Connecticut

v.Ronald BROWN.

No. 32597.

Appellate Court of Connecticut.

Argued Sept. 13, 2011.Decided Jan. 17, 2012.

Christopher Y. Duby, special public defender, for the appellant (defendant).

Timothy F. Costello, assistant state's attorney, with whom, on the brief, were David I. Cohen, state's attorney, and Suzanne M. Vieux, supervisory assistant state's attorney, for the appellee (state).

BEAR, ESPINOSA and BISHOP, Js.

ESPINOSA, J.

The defendant, Ronald Brown, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the court's ruling was improper because the court, at the time of sentencing, exceeded its authority by imposing a total effective sentence that included a sixteen year term of special parole. We reverse the judgment of the trial court.

The following undisputed facts are relevant to the present appeal. In 2005, the state charged the defendant under docket number CR–05–0109070 with possession of narcotics with intent to sell in violation of General Statutes § 21a–277 (a). In 2006, the state charged the defendant under docket number CR–06–0112604 with sale of narcotics in violation of General Statutes § 21a–278 (b).

On January 25, 2007, following plea negotiations between the state and the defendant, the defendant appeared before the court, Reynolds, J., and entered guilty pleas to the aforementioned pending charges. At that time, the prosecutor summarized the facts underlying the charges. He represented that the conduct underlying the charge of possession of narcotics with intent to sell occurred on July 1, 2005, and that the conduct underlying the sale of narcotics charge occurred on March 6, 2006. The prosecutor set forth the following plea agreement: In exchange for the guilty pleas, the defendant would be sentenced on the sale of narcotics charge, under docket number CR–06–0112604, to a mandatory term of incarceration of five years, followed by a ten year term of special parole, and the defendant would be sentenced on the charge of possession of narcotics with intent to sell, under docket number CR05–0109070, to a term of incarceration of four years, followed by a six year term of special parole, both sentences to run consecutively. Additionally, in exchange for the defendant's guilty plea as to a charge of reckless driving that was brought under a separate docket number and arose from conduct that occurred on June 12, 2005, the state would request a sentence of unconditional discharge. The prosecutor noted that, as part of the plea agreement, the state would enter a nolle prosequi as to other charges pending against the defendant. The defendant's attorney stated to the court that the prosecutor's representations concerning the plea agreement were consistent with his understanding of that agreement.¹

Thereafter, the court canvassed the defendant with regard to his guilty pleas. During the canvass, the court inquired as to the defendant's understanding of the sentence to be imposed as follows:

“The Court: Your sentencing agreement with the state is for a total effective sentence of nine years to serve, five of which are a mandatory minimum.

“The Defendant: Yes.

“The Court: And then that's to be followed by sixteen years of special parole. Do you understand that?

“The Defendant: Yes.”

Following the canvass, the court accepted the defendant's pleas as having been freely, voluntarily and intelligently made with the effective assistance of counsel. The court found a factual basis for the pleas, and a finding of guilty entered on the three offenses.

On March 8, 2007, the defendant appeared before the court for sentencing. As he had at the January 25, 2007 hearing, the prosecutor set forth the terms of the plea agreement, and the defendant's attorney stated his agreement with those terms. The court sentenced the defendant according to the plea agreement.²

On September 22, 2009, the defendant, as a self-represented party, filed a motion to correct an illegal sentence.³ The gist of the motion was that the court illegally sentenced him to a sixteen year term of special parole when, in light of the crimes at issue, the maximum term of special parole authorized was ten years.

On July 12, 2010, the sentencing court held a hearing to consider the motion to correct. The defendant, now represented by counsel, argued that the court lacked the authority to sentence him to a term of special parole that exceeded ten years. The defendant argued that although the court imposed consecutive sentences under two docket numbers, it was not authorized to exceed a ten year maximum term of special parole. The defendant argued that any ambiguity with regard to the court's authority to sentence him in the manner that it did should favor the defendant such that the court was required to reduce the term of special parole from sixteen years to ten years. The prosecutor countered that the defendant should not be heard to complain about the severity of the sentence imposed because, at the time of sentencing, he expressed his satisfaction with and acceptance of the plea agreement reached with the state.⁴ The court denied the motion to correct, noting that the defendant had bargained for the sentence that included a sixteen year term of special parole. The court opined that the term of special parole was proper because it resulted from consecutive sentences imposed under separate docket numbers.⁵ This appeal followed.

On appeal, the defendant reiterates his claim that the sixteen year term of special parole is illegal because it exceeds the ten year maximum period of special parole authorized by General Statutes § 54–125e (c).⁶ The defendant urges us to conclude that § 54–125e (c) expressly precludes the sentence imposed or, in the alternative, that the provision is ambiguous, the rule of lenity applies and we must interpret the statute in his favor. The defendant requests that we reverse the judgment denying the motion to correct, declare the sentences imposed to be illegal and remand the case for resentencing.

In opposition, the state contends on appeal that the ten year limitation on a period of special parole under § 54–125e (c) applies to the sentence imposed for each offense or conviction, not to an aggregate sentence for multiple convictions. The state points out that were he not sentenced pursuant to a plea agreement, the defendant would have been subject to being tried separately and sentenced separately under the separate docket numbers at issue in the present case. Impliedly arguing that the defendant should not benefit from the fact that he was sentenced pursuant to a plea agreement, the state posits that, had the defendant been sentenced separately under each docket number, neither period of special parole at issue here would have violated the ten year limit. The state urges us to look at the sentence imposed for each offense, rather than the aggregate sentence, and to conclude that no illegality exists.

“It is axiomatic that, in a criminal case, the jurisdiction of the sentencing court terminates once a defendant's sentence has begun and a court may no longer take any action affecting a sentence unless it expressly has been authorized to act.... Providing such authorization to act, Practice Book § 43–22 states: The judicial authority may at any time correct an illegal sentence or other illegal disposition, or it may correct a sentence imposed in an illegal manner or any other disposition made in an illegal manner.

“An illegal sentence is essentially one which either exceeds the relevant statutory maximum limits, violates a defendant's right against double jeopardy, is ambiguous, or is inherently contradictory.... Sentences imposed in an illegal manner have been defined as being within the relevant statutory limits but ... imposed in a way which violates the defendant's right ... to be addressed personally at sentencing and to speak in mitigation of punishment ... or his right to be sentenced by a judge relying on accurate information or considerations solely in the record, or his right that the government keep its plea agreement promises....” (Internal quotation marks omitted.) State v. Starks, 121 Conn.App. 581, 585–86, 997 A.2d 546 (2010). The claim here is that the defendant's sentence was illegal. “We previously have noted that a defendant may challenge his or her criminal sentence on the ground that it is illegal by raising the issue on direct appeal or by filing a motion pursuant to [Practice Book] § 43–22 with the judicial authority, namely, the trial court.” (Internal quotation marks omitted.) State v. Tabone, 279 Conn. 527, 534, 902 A.2d 1058 (2006) ( Tabone I ).

A denial of a motion to correct an illegal sentence is reviewed under the abuse of discretion standard. State v. Carter, 122 Conn.App. 527, 532, 998 A.2d 1217 (2010), cert. denied, 300 Conn. 915, 13 A.3d 1104 (2011); State v. Starks, supra, 121 Conn.App. at 586, 997 A.2d 546; State v. Henderson, 93 Conn.App. 61, 66, 888 A.2d 132, cert. denied, 277 Conn. 927, 895 A.2d 800 (2006). Of course, when the court is called upon to exercise its legal discretion, we must determine whether the trial court correctly interpreted and applied the law. See, e.g., State v. Rios, 110 Conn.App. 442, 448, 954 A.2d 901 (2008). Here, our review of the court's exercise of discretion requires that we review the court's interpretation of relevant statutory provisions. Insofar as the claim is that the sentence exceeds that authorized by statute, the claim presents an issue of statutory interpretation, which is an issue of law, and we afford it plenary review. See State v. Tabone, supra, 279 Conn. at 534, 902 A.2d 1058; State v. Garner, 270 Conn. 458, 478, 853 A.2d 478 (2004).

Because the legislature must delegate sentencing authority to the courts, we focus upon relevant statutory provisions. Our Supreme Court has acknowledged that although ...