State of Connecticut v. 223153 (2011)

MEMORANDUM OF DECISION

Benjamin Omar, petitioner, was found guilty after a trial to a jury of one count of Sale of Narcotics, in violation of General Statutes § 21a–278(b) with a penalty of not less than five years to twenty years;  two counts of Conspiracy to Commit Sale of Narcotics, in violation of General Statutes §§ 53a–48 and 21a–278(b) with a penalty of not less than five years to twenty years;  and two counts of Sale of Narcotics within 1500 feet of a Prohibited Place, in violation of General Statues § 21a–278a(b) with a penalty of three years which may not be reduced and must be consecutive to General Statutes § 21a–278(b).  The court imposed a total effective sentence of twenty-one years execution suspended after twelve years to serve, followed by five years probation.   It is this sentence that the petitioner seeks to have reviewed.

At the hearing before the Division, counsel for petitioner indicated that the sentence was “inappropriate” and that the period of incarceration should be ten years or less.   The petitioner addressed the Division and indicated that he has not had any problems since this offense.   Counsel for the State addressed the Division at the hearing and spoke of the extensive criminal record of the petitioner which included twenty-seven prior convictions.   The sentencing court considered all aspects of the record before it in a thorough manner and took into consideration the petitioner's extensive criminal history and the nature of the offense as well as the petitioner's “limited and very uneven work history.”  (Transcript at page 7.)

Pursuant to 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.”  Practice Book § 43–28.   The Division is Without authority to modify sentences except in accordance with these provisions of the Practice Book and General Statutes § 51–194 et seq.   Taking into consideration the petitioner's background as well as the nature of the instant offense, the sentence imposed is appropriate and not disproportionate.

The sentence is AFFIRMED.

Fischer J.

White, J.

Alexander, J.

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

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