State of Connecticut v. Richard Koslik (2012)

MEMORANDUM OF DECISION REGARDING MOTION FOR REDUCTION OF SENTENCE

The Defendant was convicted after a jury trial in January 2008 on three counts of violating the Connecticut Home Improvement Act, in contravention of C.G.S. § 20–427(b).  Each of the crimes for which the Defendant was found guilty is a Class B misdemeanor.   On April 4, 2008, this court sentenced the Defendant for those offenses to a total effective sentence of nine months imprisonment, and fines of $2,000.   The Defendant appealed his conviction and sentence, and that appeal is currently pending before the Connecticut Appellate Court.

On October 19, 2011, the Defendant filed a Motion for Reduction of Definite Sentence in accordance with the provisions of General Statutes § 53a–39 and Practice Book § 43–21.   Hearings on this motion, and other post-trial motions filed by the Defendant, were held on December 2, 2011 and on December 12, 2011.   The parties were allowed until February 2, 2012 to file memoranda of fact and law pertaining to those motions.

The court has carefully considered the Defendant's motion and arguments.   The court has carefully reviewed and considered the pertinent provisions of the applicable statute and the practice book rule, which both specify that a definite sentence of three years or less may be reduced by the court after a hearing, and “for good cause shown.”   The court finds that the Defendant, who has been convicted for other crimes involving violations of the Home Improvement Act, did not establish good cause for the reduction of the sentence imposed in this matter.

The motion is hereby DENIED.   Dated this 2nd day of March 2012.

BY THE COURT:

Dyer, J.

Dyer, Richard W., J.