AC40581 - State v. Young (Operating motor vehicle while under influence of intoxicating liquor or drugs; evading responsibility in operation of motor vehicle; operating motor vehicle while under influence of intoxicating liquor or drugs as second offender; "The defendant, Mark Young, appeals from the judgment of conviction rendered after his guilty pleas to charges of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of General Statutes § 14-227a (a) and evading responsibility in the operation of a motor vehicle in violation of General Statutes § 14-224 (b) (3), and to previously having been convicted of operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of § 14-227a (g). The defendant claims that: (1) the court abused its discretion by denying his motion to withdraw and vacate guilty pleas pursuant to Practice Book §§ 39-26 and 39-27 because there was no factual basis for his plea of guilty to § 14-227a (a) and (g) for operating a motor vehicle while under the influence as a second offender; and (2) the court imposed an illegal sentence upon him for operating a motor vehicle while under the influence as a second offender that exceeded the statutory maximum for that offense, and did so in an illegal manner because it relied on materially inaccurate information concerning his criminal record. We affirm the judgment of the trial court in denying the defendant's motion to withdraw, but conclude that the sentence imposed on him exceeds the statutory maximum for the offense of operating a motor vehicle while under the influence as a second offender. Accordingly, we vacate the defendant's sentences on all charges and remand this case to the trial court for resentencing under the terms of the original plea agreement, in accordance with the law.")