State of Connecticut v. Robert Mish (2010)

MEMORANDUM OF DECISION

SENTENCE AFFIRMED

By the Division

The petitioner, Robert Mish, was convicted after a jury trial of two counts of Sale of Narcotics, a violation of C.G.S. § 21a-278b ¹ and received eight years incarceration concurrent, two counts of possession of Narcotics, a violation of C.G.S. § 21a-279a and received seven years concurrent to each other and concurrent to the two counts of Sale of narcotics, and two counts of Conspiracy to Sell Narcotics, a violation of C.G.S. § 53a-48 and 21a-278b and received seven years incarceration concurrent with each and consecutive to the other counts.   The total effective sentence imposed is fifteen years incarceration.   This sentence is consecutive to another sentence being served by the petitioner.   It is from this fifteen year sentence the petitioner seeks review.

The following facts are relevant to the petitioner's hearing before the Division.

In 2003 New Milford Police and statewide narcotics task force initiated an investigation into the drug sales at Eagles Cafe. Information indicated that the offender supplied cocaine to individuals selling out of the cafe and an undercover officer purchased several buys at the cafe.

On January 22, 2004 at 8:15 p.m. and on February 4, 2004 the officer bought cocaine from a low level dealer, James Taylor, who worked for the defendant.   Mish was present and took money from the officer and put it in his pocket.   The offender estimated that his cocaine operations netted him $3,000 a week.   He was arrested for the drug sales on March 10, 2004 when he was serving a sentence for a Violation of Probation.   See also State v. Mish, 110 Conn.App. 245, aff'd (2008).

Counsel for the petitioner seeks a reduction because he believes the sentence is severe for the sale of one hundred dollars worth of cocaine.   The petitioner was an ill man at the time of the sentence.   This will virtually be a life sentence.

The petitioner addressed the Division and stated he did not get along with his trial counsel, consequently there was no real plea bargaining.

The state informs the Division the petitioner was on probation at the time of the offense.   Based on Mr. Mish's prior criminal history, the sentence is appropriate.

Pursuant to Connecticut Practice Book § 43-23 et seq., the Sentence Review Division is limited in the scope of its review.   The Division is to determine whether the sentence imposed “should be modified because it is inappropriate or disproportionate in light of the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes for which the sentence was intended.”

The Division is without authority to modify a sentence except in accordance with the provisions of the Connecticut Practice Book § 43-23 et seq., and Connecticut General Statutes § 51-194 et seq.

Counsel for the petitioner minimizes the present convictions in light of the petitioner's total criminal history.   His record dates back to 1981 with in excess of twenty criminal convictions.   Although he has only one prior narcotics conviction he has many felony convictions on his record.   He has never been amenable to rehabilitation.   The sentence was fair.

In reviewing the record as a whole, the Division finds that the sentencing Court's actions were in accordance with the parameters of Connecticut Practice Book § 43-23 et seq.

The sentence imposed was neither inappropriate or disproportionate.

The sentence is AFFIRMED.

IANNOTTI, J.

FISCHER, J.

ALEXANDER, J.

Iannotti, J., Fischer, J., and Alexander, J. participated in this decision.

FOOTNOTES

FN1. C.G.S. 21a-278b carries a five-year mandatory minimum sentence..  FN1. C.G.S. 21a-278b carries a five-year mandatory minimum sentence.

Iannotti, Frank A., J., White, Gary J., J., Alexander, Joan K., J.