State of Connecticut v. 237702 (2011)

MEMORANDUM OF DECISION

The petitioner in this case is Tyshawn Case. He was convicted after a jury trial of the crime of carrying a pistol without a permit ¹ and received a sentence of 5 years of incarceration.

The facts of the case are as follows.   The East Hartford Police, on July 1, 2009, investigated the shooting death of a person who was attending an outdoor vigil that was held in honor of a second person.   That second person had himself been shot to death on the previous evening in East Hartford.

The police learned that Anthony Williams and the petitioner had been involved in an argument with the victim on July 1, close to the time the victim had been killed.   They also found out that Williams and the petitioner had left the scene in an automobile after the altercation and then returned later with a handgun.   Subsequent to the return of Williams and the petitioner the victim was killed.

The petitioner was ultimately arrested and charged with murder, carrying a pistol without a permit and a variety of other charges.   The jury acquitted the petitioner of all the charges except carrying a pistol without a permit.

The petitioner claims that his sentence is both “inappropriate” and “disproportionate” pursuant to Practice Book Section 43–28 because he did not go to the vigil with the intent to harm the victim.   In addition, he claims that he himself was assaulted at the time of the incident and that somehow during the chaos surrounding the incident, he unknowingly came into possession of the pistol.

The state urges the Division to keep the sentence intact.   It argues that the petitioner has seven felony convictions that involve gun possession, that he has violated multiple probations and that he is a danger to the community.

The Division, after carefully considering all the relevant materials submitted and the arguments of counsel, finds that the sentence imposed by the trial court is well within the parameters of Section 43–28.   The petitioner has been convicted of numerous violent crimes, including assault and robbery.   In addition, he has failed multiple probations and has not accepted responsibility for his felonious conduct in this matter.   There is no persuasive reason to reduce the sentence imposed by the trial court.

The sentence is AFFIRMED.

Gary J. White, J.

Joan K. Alexander

Brian T. Fischer

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

FOOTNOTES

FN1. See General Statutes Section 29–35.   This crime carries a mandatory minimum one year jail sentence and a maximum sentence of five years of incarceration..  FN1. See General Statutes Section 29–35.   This crime carries a mandatory minimum one year jail sentence and a maximum sentence of five years of incarceration.

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