State of Connecticut v. 365160 (2011)

MEMORANDUM OF DECISION

BY THE DIVISION

The petitioner is Charles Arokium.   The petitioner was found guilty by a jury of Possession with Intent to Sell in violation of C.G.S. 21a–277(a) with a penalty of up to 15 years and Possession of Narcotics in violation of C.G.S. 21a–279(a) with a penalty of up to 7 years.   The court imposed a sentence of 10 years to serve with 5 years of special parole.   It is this sentence the petitioner seeks to have reviewed.

The facts are as follows.   The petitioner was stopped getting into a car.   On his person was found 165.8 grams of cocaine, drug paraphernalia and $2,014.00 in cash.   Also found on him was lactose which dealers often use to cut the cocaine and maximize profit.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He claims the sentence was too punitive.   He claims he is a nonviolent drug-dependent person.   The petitioner requests a sentence between 5 and 7 years.

The state argues the sentence was more than fair.   This was a large scale drug operation and the defendant has never accepted responsibility for his criminal behavior.

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 was selling drugs out of his hotel room.   The sentencing court noted he was in possession of a large amount of cocaine in multiple bags with a substantial amount of cash.

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.

Fischer, Brian T., Alexander, Joan. K., Randolph, Kevin, Js.

Fischer, Brian T., Randolph, Kevin, Alexander, Joan K., Js.