State of Connecticut v. 159868 (2010)

MEMORANDUM OF DECISION

The petitioner is John Farmer.   He was convicted by a jury of Kidnapping 2nd Degree in violation of Connecticut General Statute 53a-94 with a penalty of up to twenty years and Assault 3rd degree in violation of Connecticut General Statute 53a-61(a)(1) with a penalty of up to one year.   The trial court sentenced the petitioner to twenty years of incarceration.

The factual basis of the petitioner's conviction is as follows.   On October 10, 2004 the petitioner assaulted his girlfriend.   The victim was beaten and lost consciousness.   The victim was abducted by the petitioner for several hours.   The offense occurred at night in a remote location.

At the hearing before the Division, counsel for the petitioner argued the sentence imposed was inappropriate.   Counsel argued twenty years is excessive as the victim indicates ten years is more appropriate.   Counsel for the state respects the victim's position but argues the sentence imposed is appropriate.

The sentencing court took into consideration the petitioner's background of criminal behavior since 1983.   It includes seven convictions including one conviction involving an assault with a baseball bat.   He has had a long substance abuse history.

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 the allegations, as well as the petitioner's criminal history, the sentence imposed is appropriate and not disproportionate.   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 is Affirmed.

Brian T. Fischer, Judge

Joan K. Alexander, Judge

Gary White, Judge

Fischer, Brian T., White, Gary J., Alexander, Joan K., J.'s