State v. Grisgraber

• Decision Date: 07 April 1981
• Citation: 183 Conn. 383,439 A.2d 377
• Court: Connecticut Supreme Court
• Parties: STATE of Connecticut v. Richard V. GRISGRABER.

Page 377

439 A.2d 377

183 Conn. 383

STATE of Connecticut v. Richard V. GRISGRABER.

Supreme Court of Connecticut.

Argued Jan. 7, 1981.

Decided April 7, 1981.

Louis S. Avitabile, Waterbury, for appellant (defendant).

Ernest J. Diette, Jr., Asst. State's Atty. with whom, on the brief, was Stephen H. Solomson, Asst. State's Atty., for appellee (state).

Before BOGDANSKI, PETERS, HEALEY, SHEA and WRIGHT, JJ.

BOGDANSKI, Associate Justice.

On May 3, 1979, the defendant entered pleas of guilty to two counts of larceny in the first degree in violation of General Statutes § 53a-122. ¹ The pleas resulted from plea bargaining negotiations wherein the prosecution agreed to make no sentence recommendation "one way or the other." On June 15, 1979, after the prosecution had made extensive comments concerning the seriousness of the crimes charged, which comments, however, did not include any specific sentencing recommendation, the court imposed a sentence of six to twelve years for each offense, to be served concurrently. From the judgments rendered, the defendant appealed. Thereafter, on October 15, 1979, the defendant filed a writ of error coram nobis requesting the trial court to vacate the judgments on the ground of misrepresentation by the prosecution as to plea bargaining and sentencing.

The trial court denied the writ of error coram nobis and, in its memorandum of decision, indicated that the defendant had his recourse to appeal the original judgments, or that he could bring habeas corpus proceedings if he felt that his constitutional rights had been infringed upon by the prosecution's alleged misrepresentations. The court, however, did not rule on the merits of the defendant's claim on the ground that the writ of error coram nobis was not a viable alternative in this case.

On his appeal, the defendant takes issue both with the judgments and with the sentencing of the court, McKeever, J., on the larceny convictions, and the denial by the court, Kulawiz, J., of his motion for a writ of error coram nobis.

We find that the only judgment reviewable by this court is the one in which the court, Kulawiz, J., refrained from ruling on the defendant's substantive claims because of the unavailability of the writ of error coram nobis in this case. Because we hear no evidence and can make no findings of fact, we are limited to a review of the actual rulings of the trial court. Pelc v. Danbury, 166 Conn. 364, 366, 349 A.2d 825 (1974). We cannot rule on the merits of the defendant's claim of misrepresentation. A writ of error coram nobis is an ancient commonlaw remedy which authorized the trial judge, within three years, to vacate the judgment of the same court if the party aggrieved by the judgment could present facts, not appearing in the record, which, if true, would show that such judgment was void or voidable. Montville v. Alpha Mills Co., 86 Conn. 229, 233, 84 A. 933 (1912). See Hurlbut v. Thomas, 55 Conn. 181, 182, 10 A. 556 (1887); Jeffrey v. Fitch, 46 Conn. 601, 604 (1879). The facts must be unknown at the time of the trial without fault of the party seeking relief. State v. Becker, 263 Minn. 168, 115 N.W.2d 920 (1962).

A writ of error coram nobis lies only in the unusual situation where no adequate remedy is provided by law. State v. Poierier, 212 Or. 369, 320 P.2d 255 (1958), overruled on other grounds, State v. Endsley, 214 Or. 537, 331 P.2d 338 (1958); 18 Am. Jur.2d, Coram Nobis § 12. Thus, such a writ has been held not to be available when a proper remedy is afforded by an appeal; Barber v. United States, 142 F.2d 805 (4th Cir. 1944), cert. denied, 322 U.S. 741, 64 S.Ct. 1054, 88 L.Ed. 1574 (1944); or by a motion in arrest of judgment. People v. Sadness, 300 N.Y. 69, 89 N.E.2d 188 (1949), cert. denied, 338 U.S. 952, 70 S.Ct. 483, 94 L.Ed. 587 (1950). Moreover, when habeas corpus affords a...