State of Connecticut v. Jeffrey D. Pitkin (2012)

MEMORANDUM OF DECISION

A hearing was held concerning the defendant's motion to correct an illegal sentence on February 6, 2012.   The defendant's brief was stamped on February 15, 2012.   Subsequently the defendant's attorney was given a copy of that brief and adopted it in open court.   The defendant's motion to correct was filed on October 24, 2011.

The defendant's first two claims are an invalid canvass of his guilty pleas and a lack of factual basis for the pleas.   Neither claim can be reviewed under the guise of a motion to correct an illegal sentence pursuant to Practice Book § 43–22;  State v. Lawrence, 281 Conn. 147;  State v. Lawrence, 91 Conn.App. 765 (2005).

The defendant's third and fourth claims are reviewable:  improper calculation of sentences and double jeopardy.   This fourth claim was not raised until the defendant's brief filed on February 14, 2012, has not been argued, and is completely without merit.   Each assault for which the defendant was sentenced involved attacks on the same victim on different dates.  [Transcript of 3–11–11, pp. 5 & 6.]

As to the defendant's third claim of improper calculations, again there is no merit.   The trial court imposed an agreed recommendation between the state and the represented defendant.  [Transcript of 4–29–11, pp. 3, 26–27.]   The consecutive nature of the sentences was agreed upon and within the court's authority.  State v. King, 249 Conn. 645, 688 (1999).

The motion is denied.

Mullarkey, J.

Mullarkey, Edward J., J.