The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Criminal Law Appellate Court Opinions

by Zigadto, Janet

 

AC42975 - State v. Green (Assault in first degree; "The defendant, Courtney Green, appeals from the judgment of the trial court dismissing his motion to withdraw his guilty plea in connection with his 2009 judgment of conviction rendered after he pleaded guilty to three counts of assault in the first degree in violation of General Statutes § 53a-59 (a) (5). The defendant concedes that the trial court lacked jurisdiction to consider his motion to withdraw his guilty plea. This concession notwithstanding, the defendant, relying on State v. Reid, 277 Conn. 764, 894 A.2d 963 (2006), requests that this court exercise its supervisory authority to treat this appeal as an authorized late appeal from his 2009 conviction. We decline to do so and affirm the judgment of the trial court.")

AC43866 - State v. Marshall (Motion to correct illegal sentence; "The self-represented defendant, Charles Marshall, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. On appeal, the defendant claims that the court erred in denying his motion on the grounds that (1) he was properly sentenced as a persistent serious felony offender pursuant to General Statutes (Rev. to 2007) § 53a-40 (j) and (2) the defendant's claims that he was improperly denied a probable cause hearing before trial and that his probations were revoked improperly were not the proper subjects of a motion to correct an illegal sentence. We disagree with the defendant's claims with respect to his sentencing as a persistent serious felony offender pursuant to § 53a-40 (j). Moreover, although we agree with the trial court's conclusions with respect to the defendant's probable cause hearing and probation claims, the court did not have subject matter jurisdiction to consider them and, thus, should have dismissed the motion as to those claims. Accordingly, we affirm in part and reverse in part the judgment of the trial court and remand the case to that court with direction to dismiss the claims over which it did not have jurisdiction.")