State of Connecticut v. Lonnie Owen (2011)

MEMORANDUM OF DECISION

The petitioner is Lonnie Owen. A jury convicted him of the crime of murder and the trial court sentenced him to 60 years of incarceration.   The petitioner appealed his conviction, but the trial court's decision was affirmed.   See State v. Owen, 101 Conn.App. 40 aff'd (2007).

The factual basis for the petitioner's conviction is outlined in the Appellate Court decision.   For purposes of this Sentence Review opinion, however, it is sufficient to state those facts as follows.   On January 1, 2003 in the early morning hours, the petitioner was engaged in selling drugs in a stairwell of the Green Home Housing Project in Bridgeport.   At that time the petitioner and the victim encountered one another and for no apparent reason, the petitioner shot the victim in the abdomen.   The' victim fled the scene on foot and later collapsed in the street where he died from his injury.

The petitioner asks for a reduction in his sentence, which he claims is “inappropriate” and “disproportionate” under the standards outlined in Practice Book Section 43-28.¹  He argues that he was a young man at the time of the crime, that he is remorseful and that he has a relatively minor criminal record.

The state opposes any modification of the sentence.   It points out that the murder was totally senseless, that the petitioner was on parole for selling drugs at the time of the crime and that he denied responsibility for his conduct when he appeared before the trial court for sentencing.

The Division, having considered all the relevant information and the parties' arguments, finds that the sentence imposed by the trial court is well within the boundaries laid out in Section 43-28.   The petitioner's conduct was cruel, senseless and demonstrated a total disregard for human life.   In addition, he was on parole at the time he committed the murder.   There is no good reason to reduce the sentence.

The sentence is AFFIRMED.

White, J.

Alexander, J.

Fischer, J.

White, J., Alexander, J. and Brian Fischer, J. participated in this decision.

FOOTNOTES

FN1. Section 43-28 indicates that the Division shall “determine whether the sentence 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, the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended.”.  FN1. Section 43-28 indicates that the Division shall “determine whether the sentence 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, the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended.”

White, Gary J., Alexander, Joan K., Fischer, Brian T., Js.