State of Connecticut v. 234563 (2011)

MEMORANDUM OF DECISION

The petitioner, Shelvonn Jones, was convicted by a jury of the crime of assault in the second degree ¹ and was sentenced to 4 years and 9 months of incarceration.

The facts underlying the petitioner's conviction are as follows.   On June 9, 2009 at approximately 8:30 p.m., the petitioner was involved in a verbal altercation with another man.   The man tried to walk away from the encounter, but the petitioner pursued him and then used a sharp instrument to slash him on his chest and on his back.   The victim reported the attack to the police and after being arrested, the petitioner claimed that the victim was a drug dealer and that the victim had initiated the fight between the two men.

The petitioner asks the Division to reduce his sentence because, he argues, he is not a violent person and the victim is partially responsible for the encounter.   He also claims that he is not a violent person and that he works when he can find employment.

The state objects to any reduction in the sentence.   It points out that the petitioner has prior convictions for assaultive conduct and was out on bond for an assault at the time he slashed the victim.   The state also argues that the petitioner has violated multiple probations, has a sparse work history and refuses to accept responsibility for his violent conduct in this matter.

The Division only has authority to modify a criminal sentence that is “disproportionate” or inappropriate” pursuant to Practice Book Section 43–28.²  The sentence imposed by the trial court in the petitioner's matter is clearly within the parameters of Section 43–28.   The petitioner has a history of violence, fails to show any remorse for his behavior and has proven through his multiple failures on probation that he is not amenable to community supervision.   There is no good reason to reduce the sentence.

The sentence is AFFIRMED.

Gary J. White, J.

Joan K. Alexander, J.

Brian T. Fischer, J.

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

FOOTNOTES

FN1. See General Statutes Section 53a–60(a)(2).   This crime carries a maximum sentence of five years of incarceration..  FN1. See General Statutes Section 53a–60(a)(2).   This crime carries a maximum sentence of five years of incarceration.

FN2. Section 43–28 indicates that the Division shall “determine whether the sentence should be modified because it is inappropriate or disproportionate in light of the nature of the offense, the character of the offender, the protection of the public interest, the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended.”.  FN2. Section 43–28 indicates that the Division shall “determine whether the sentence should be modified because it is inappropriate or disproportionate in light of the nature of the offense, the character of the offender, the protection of the public interest, the deterrent, rehabilitative, isolative, and denunciatory purposes for which the sentence was intended.”

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