State v. Roman

Decision Date05 February 2020
Docket NumberHHBCR140274398T
CourtSuperior Court of Connecticut
PartiesState of Connecticut v. Jason Roman (#304794)

State of Connecticut
v.

Jason Roman (#304794)

No. HHBCR140274398T

Superior Court of Connecticut, Judicial District of New Britain, New Britain

February 5, 2020


UNPUBLISHED OPINION

Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Oliver, Vernon D., J.

MEMORANDUM OF DECISION: MOTION TO CORRECT ILLEGAL SENTENCE

Hon. Vernon D. Oliver Judge.

On September 12, 2019, the defendant filed the instant motion, asserting a number of things that his attorney, the office of adult probation, and the sentencing court should have done prior to his sentencing. He also asserted at argument defects in the court’s jury instruction, a claim not contained within his written motion. There was also some mention at argument that he may not have had adequate time to consider a pre-trial plea bargain offer. The defendant is self-represented after the office of the public defender’s "sound basis" review of the pleadings.

On February 3, 2020, the parties, including the self-represented defendant, argued the motion to correct illegal sentence, filed pursuant to Practice Book § 43-22, after his conviction and sentencing after trial in the above-captioned matter.

In his motion and at oral argument, the defendant makes the following claims:

1. That the court failed to have the defendant’s competency evaluated both prior to trial and prior to sentencing
2. That the defendant was absent from court during critical stages of the proceedings
3. That underlying defense counsel was deficient in the preparation, investigation and presentation of his defense and at sentencing, resulting in his conviction and a lengthier sentence than he would have received absent the claimed deficient performance
4. A broad claim that the sentence is illegal because it is violative of his State and Federal Constitutional rights generally; and
5. That his due process rights were violated in that the Office of Adult Probation failed to properly gather and present in its pre-sentence investigation report "all mitigating evidence, such as the [defendant’s] medical, mental health, and a record for medication that was prepared by a medical expert. To show [the defendant] was mentally absent at the time of the offense ..." due to prescribed medication and recreational drug use, pre-existing mental health diagnoses, witnessing domestic violence, and suffering from physical injuries.

Motions to Correct Illegal Sentence

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