State of Connecticut v. 330571 (2011)

MEMORANDUM OF DECISION

The petitioner is Jose Pagan.   He was convicted by a jury of Sexual Assault in the First Degree in violation of C.G.S. 53a–70(a)(2) with a penalty of not less than ten years and up to twenty-five years and Risk of Injury to a Minor in violation of C.G.S. 53–21(a)(2) with a penalty of not less than one year and up to twenty years.   The court sentenced the petitioner to a total effective sentence of thirteen years followed by twelve years of special parole.   It is from this sentence the petitioner seeks review.

The factual basis for the conviction involves the petitioner having sexual intercourse with a 12–year–old female victim.   The victim was related to the petitioner's fiancee.   The petitioner claims he was stalked and harassed by the 12–year–old victim.   The petitioner was 30 years old.

The petitioner argued the sentence was inappropriate because it did not take into account he had no criminal record.   Also he argued there were “not guilty” verdicts on several counts.

The state argues this is a very serious offense, sexual conduct with a twelve-year-old child.   The petitioner has shown no remorse 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.   A thirty-year-old man had sexual intercourse with a twelve-year-old child.   The petitioner does not recognize the damage he has done to the victim.

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

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., J.s