State of Connecticut v. Stephen Smith (2011)

MEMORANDUM OF DECISION

The petitioner is Stephen Smith.   He entered a guilty plea on December 11, 2009 to Conspiracy to Commit Robbery 1st Degree, Firearm Threat in violation of Connecticut General Statutes 53a-48a/53a-134(a)(4).   The maximum penalty on said crime is twenty years.   There was no agreement as to the sentence.   The trial court sentenced the petitioner to seven years of incarceration and 10 years special parole.

The facts are as follows.   On November 7, 2007 the petitioner admitted to being involved in an armed robbery at the Chaplin gas station.   Two co-defendants entered the station and one had a gun which he stuck the clerk with.   The petitioner was in a stolen car during this robbery acting as a lookout.   In addition the petitioner pled guilty as a youthful offender to two Larceny III charges and a Burglary III. His sentence on these charges, were, three years each on the Larcenies and two years on the Burglary to run concurrent with the Robbery charge.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43-28.   He claims the sentence was too high.   He requests his sentence be reduced as a result of his young age, 17, and his difficult upbringing.

The state argues the petitioner went on a four-day crime spree across state lines involving a gun and numerous felonies.   The State had requested a sentence of 15 years in jail, 8 years special parole.

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.

The Division finds there is nothing inappropriate or disproportionate about the sentence imposed by the trial court in this case.   The petitioner went on a substantial crime spree of robberies and was fortunate his felony youthful offender matters ran concurrent with his seven-year sentence.

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.

The Sentence is Affirmed.

Brian T. Fischer, Judge

Gary J. White, Judge

Joan K. Alexander, Judge

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

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