State of Connecticut v. 361638 (2011)

MEMORANDUM OF DECISION

The petitioner is Adrian Hasell.   Pursuant to an agreement between the petitioner and the state, the petitioner pled guilty to one count of robbery in the first degree ¹ and two counts of conspiracy to commit assault in the first degree ² in exchange for a “cap” sentence which allowed him to argue for a reduced sentence.   The cap was 20 years suspended after 8 years, including a floor of 6 years to serve.   The trial court, after reviewing the pre-sentence investigation and considering all of the other relevant information and arguments of counsel, imposed the full cap sentence of 20 years suspended after 8 years, followed by 5 years of probation.

The facts underlying the petitioner's crime are as follows.   On June 24, 2010 at 2:00 p.m. the petitioner and his brother, James Harris, were in the process of beating and stabbing a victim at a beach parking lot when a second victim witnessed the attack and called 911 on his cell phone.   The two assailants then noticed what the second victim was doing and began assaulting him as well.   While the assailants were brutalizing the second victim the 911 operator was able to hear what was happening.

The Milford police, upon investigating the crime, interviewed Harris who implicated both himself and the petitioner.

The petitioner now claims that his sentence is “inappropriate” or “disproportionate” pursuant to Practice Book Section 43–28 ³ and asks the Division to reduce his period of incarceration from 8 years to the agreed upon “floor” of 6 years.   He asserts that he was young at the time of the crime, was less culpable than his brother and is remorseful for his actions.   He also argues that he has a minimal record and that he deserves an opportunity to prove that he can be a good citizen.

The state objects to any sentence reduction, arguing that the imposed sentence is within the agreed upon cap and that it is more than fair in light of the violent nature of the crime.   The state also points out that the petitioner has a conviction for carrying a pistol without a permit and that the second victim who acted as the “Good Samaritan” suffered permanent physical injury as a result of the crime.   These factors, according to the state, weigh heavily against reducing the sentence.

The Division, having carefully considered all the pertinent information and arguments, finds that the petitioner's sentence is well within the parameters of Section 43–28.   The petitioner and his brother savagely beat the two victims and rendered one of them permanently disabled.   Under the totality of the circumstances the punishment the petitioner received is more than appropriate, proportionate and fair.

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–134(a)(3).   This crime carries a maximum sentence of twenty years in prison..  FN1. See General Statutes Section 53a–134(a)(3).   This crime carries a maximum sentence of twenty years in prison.

FN2. See General Statutes Section 53a–48(a)/53a–59(a)(2).   This crime carries a maximum sentence of twenty years..  FN2. See General Statutes Section 53a–48(a)/53a–59(a)(2).   This crime carries a maximum sentence of twenty years.

FN3. 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.”.  FN3. 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