State of Connecticut v. 107857 (2012)

MEMORANDUM OF DECISION

The petitioner is Donald Hawkins.   He voluntarily pled guilty to the crime of assault in the second degree ¹ and admitted a violation of probation.²  There was no agreement between the parties.   The petitioner was exposed to the 5–year maximum for the assault charge and to an additional 7 years he owed on the violation of probation.   Hence, he faced a combined maximum sentence of 12 years for the charges he faced.   The trial court, after considering all the relevant information and arguments, imposed a total effective sentence of 4 years and 9 months.

The facts in the petitioner's case are as follows.   The petitioner served 3 years in prison for assaulting a woman and was then released from incarceration and owed 7 years in prison on probation.   While on probation for committing that assault, the petitioner struck his wife on the head with a bottle.   When he assaulted his wife the petitioner was abusing substances and had amassed approximately 20 criminal arrests.   The wife's injuries caused her pain and she needed stitches to close her wounds.

The petitioner claims that his sentence is “inappropriate” and “disproportionate” pursuant to Practice Book 43–28.³  He argues that the victim is supportive of him, that he was a good father to the couple's son and that his elderly relatives need him to care for them.   He asks for a reduction in his sentence to 3 years.

The state argues that the sentence is more than fair and appropriate in light of the fact that the petitioner was on probation for an assault when he violently attacked his wife.   It also points out that the petitioner failed to address his substance abuse problems and is a danger to the safety of his wife and to the community.

The Division finds that the sentence imposed by the trial court is well within the parameters of Section 43–28 and that there is no persuasive reason to change it.   The petitioner has a history of assaults on women, received less prison time then he owed on probation even after committing a crime while on probation and failed to change his violent behavior even though he was given ample opportunity to do so.   The sentence is AFFIRMED.

Gary J.White, J.

Joan K. Alexander, J.

Kevin Randolph, J.

White, Alexander, and Randolph, Js. participated in this decision.

FOOTNOTES

FN1. See General Statutes Section 53a–60.   The maximum penalty for this crime is 5 years in prison..  FN1. See General Statutes Section 53a–60.   The maximum penalty for this crime is 5 years in prison.

FN2. See General Statutes Section 53a–32.   The convictions underlying the violation of probation are sexual assault in the third degree and assault in the second degree..  FN2. See General Statutes Section 53a–32.   The convictions underlying the violation of probation are sexual assault in the third degree and assault in the second degree.

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., Randolph, K., J.