State of Connecticut v. 139613 (2011)

MEMORANDUM OF DECISION

The petitioner is Luiz Melendez.   The petitioner entered a guilty plea to Robbery 1st in violation of C.G.S. 53a–134(a)(4) with a maximum penalty of twenty years.   Pursuant to an agreement between the petitioner and the state the trial court was to sentence the petitioner with the parameters of a “cap” of 15 years and a “floor” of a suspended sentence.   This was a right to argue.   The trial court imposed a 15–year sentence to serve.   It is from this sentence the petitioner seeks review.

The facts are as follows.   The victim was working at a convenience store in Coventry on March 9, 2009 when three males entered the store with a semi-automatic handgun.   The victim was held down on the floor by one male while the others took cash and other items.   The petitioner is 43 years old while the other two defendants where 16 and 15 years old.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He claims he was not the ring leader and he was drug dependent.

The state argues this was a gun-point robbery.   The state argues the petitioner was the ring leader who has 10 prior felony convictions.

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 argues he is not the ring leader when he robs a store with a 15 and 16 year old.   The victim confirmed he was yelling instructions to the other defendants.   He has an extensive criminal record including 10 felony convictions.

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 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