State v. McClean

• Decision Date: 09 May 2017
• Docket Number: AC 37380
• Citation: 164 A.3d 35 (Mem),173 Conn.App. 62
• Court: Connecticut Court of Appeals
• Parties: STATE of Connecticut v. Michael MCCLEAN

173 Conn.App. 62

164 A.3d 35 (Mem)

STATE of Connecticut

v.Michael MCCLEAN

AC 37380

Appellate Court of Connecticut.

Reconsidered April 13, 2017

Officially released May 9, 2017^**

Heather Clark, assigned counsel, for the appellant (defendant).

Melissa Patterson, assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Michele C. Lukban and John F. Fahey, senior assistant state's attorneys, for the appellee (state).

Lavine, Alvord and Beach, Js.^*

PER CURIAM.

This court originally issued its decision in the present case on August 23, 2016. See State v. McClean , 167 Conn.App. 781, 144 A.3d 490 (2016), petition for cert. filed (Conn. September 12, 2016) (No. 160155). In our decision, we concluded that the form of the trial court's judgment was improper and remanded the case "with direction to render judgment denying the defendant's motion to correct an illegal sentence." Id., at 786, 144 A.3d 490.

Several months later, our Supreme Court issued its decision in State v. Delgado , 323 Conn. 801, 151 A.3d 345 (2016), and thereafter, on February 7, 2017, issued the following order. "No action is taken on the defendant-appellant [Michael McClean's] petition for certification to appeal filed September 12, 2016, at this time. It is hereby ordered, sua sponte, that the Appellate Court's decision in State v. Michael McClean , 167 [Conn.App.] 781, 144 A.3d 490 (2016), is remanded to that court with direction to reconsider its ruling that the trial court did have jurisdiction over the motion to correct an illegal sentence in light of our holding in State v. Delgado , 323 Conn. 801, 151 A.3d 345 (2016), and State v. Boyd , 323 Conn. 816, (2016)."

Upon reconsideration, we are constrained by Delgado to conclude that the trial court properly dismissed the defendant's motion to correct an illegal sentence and that its judgment should be affirmed. See State v. Delgado , supra, 323 Conn. at 801, 151 A.3d 345.

The trial court's dismissal of the defendant's motion to correct an illegal sentence is affirmed.

** This case was originally decided on August 23, 2016, by the same three member panel of this court. Thereafter, our Supreme Court, sua sponte, directed this court to "reconsider its ruling that the trial court did have jurisdiction over the motion to correct an illegal sentence in light of our holding in State v. Delgado, 323 Conn. 801, (2016), and State v. Boyd, 323 Conn. 816, (2016)."

* The listing of judges reflects their seniority status on this court as of the date of reconsideration.