State of Connecticut v. Andre Smith (2010)

MEMORANDUM OF DECISION

SENTENCE AFFIRMED BY THE DIVISION

The petitioner, Andre Smith, entered a plea of guilty to one count of Possession of Narcotics with Intent to Sell in violation of General Statutes § 21a-277(a).   The court indicated a maximum penalty of seven years to serve execution suspended after three years followed by five years of probation with the right to argue for a lesser sentence.   The court imposed the maximum sentence pursuant to the agreement.   It is from this sentence that the petitioner seeks review.

The charge arose out of the police executing a search and seizure warrant at a residence linked to the petitioner.   The police located money, cocaine, and other drug paraphernalia.

At the hearing before the Division, counsel for the petitioner asked the panel to suspend the petitioner's sentence immediately because the co-defendant in the case had received a suspended sentence.   The petitioner told the Division that he had made “bad” choices, but was “clean” now.   Counsel for the State addressed the Division and indicated that the evidence against the petitioner was compelling and that the sentencing court had taken into account all of the factors before the panel.   The sentencing court found that the petitioner had been “defiant” and “uncooperative” when given the opportunity for treatment and had rendered numerous positive urine samples for the presence of illegal drugs.  (Transcript at page 16.)

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 the 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 sentences except in accordance with the provisions of Connecticut Practice Book § 43-23 et seq., and Connecticut General Statute § 51-194, et seq.   Taking into consideration the nature of this crime, the sentence imposed is appropriate and not disproportionate.

The sentence is AFFIRMED.

Alexander, J.

Iannotti, J.

White, J.

Alexander, J., Jannotti, J., White, J. participated in this decision.

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