State of Connecticut v. 301828 (2011)

MEMORANDUM OF DECISION

The petitioner is Marcelino Lasalle, Jr. He was convicted by a jury of Murder in violation of Connecticut General Statutes Section 53a–54a with a penalty of up to 60 years.   The court sentenced the petitioner to 53 years to serve.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On June 22, 2002 the petitioner violently beat and murdered the manager of the rooming house he had been residing in.   The petitioner was angry at the manager concerning the rental unit and confronted him.   The manager was physically disabled prior to his death.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He claims he was intoxicated at the time.   The petitioner acknowledges “doing a terrible thing” and argues a sentence of 40 years is more appropriate.

The state argues the sentence is fair and appropriate.   The victim was a hard working middle-aged man.   There was clear intent upon the petitioner.   The petitioner also has a significant prior criminal record including felonies dating back to 1986.

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 intentionally took the life of another.   The trial court's sentence is appropriate.

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.

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