State v. Gamble
| Decision Date | 22 April 1992 |
| Docket Number | No. 10132,10132 |
| Citation | 604 A.2d 366,27 Conn.App. 1 |
| Court | Connecticut Court of Appeals |
| Parties | STATE of Connecticut v. Derwin GAMBLE. |
Kent Drager, Asst. Public Defender, with whom, on the brief, was G. Douglas Nash, Public Defender, for appellant (defendant).
Paul J. Ferencek, Asst. State's Atty., with whom, on the brief, were John M. Bailey, State's Atty., and Warren Maxwell, Sr. Asst. State's Atty., for appellee (state).
Before DUPONT, C.J., and NORCOTT and FOTI, JJ.
The defendant appeals from the judgment of conviction rendered by the court, following a plea, 1 of manslaughter in the first degree in violation of General Statutes § 53a-55(a)(1). The defendant claims that the trial court improperly (1) denied his motion to correct the judgment and the mittimus, (2) characterized his straight guilty plea as one entered under Alford, 2 (3) accepted the plea under Alford without a proper canvassing, (4) accepted the plea without properly explaining the necessary elements, and (5) accepted a plea not made knowingly, intelligently and voluntarily. We reverse in part the judgment of the trial court.
The facts are not in dispute. The defendant was charged and tried on the crime of murder in violation of General Statutes § 53a-54a. The court declared a mistrial because of a deadlocked jury. Prior to the commencement of a second trial, the state filed a substitute information charging the defendant with manslaughter in the first degree in violation of General Statutes § 53a-55(a)(1). The defendant entered a plea and, following the canvass, the court accepted the plea. On January 25, 1991, the court sentenced the defendant, in compliance with the plea agreement, to a term of twenty years incarceration. On April 5, 1991, the defendant filed this appeal. Following a hearing on June 26, 1991, the court denied the defendant's "Motion to Correct Illegal Sentence Disposition." On July 15, 1991, the defendant filed an amended appeal to include the denial of this motion.
The defendant argues that the trial court should have granted his motion to correct judgment and mittimus, filed pursuant to Practice Book § 935, 3 because he pleaded guilty to first degree manslaughter under only the theory of accessorial liability. 4 We agree.
The record reveals the following as relevant:
The court then proceeded to canvass the plea of guilty and thereafter:
The court continued to...
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