State of Connecticut v. 328554 (2012)

Memorandum of Decision

The petitioner is Hector Perez.   He was convicted by a jury of the following:

1.  Criminal Possession of a Firearm § 53a–217 with a penalty of up to five years.   His sentence was five years.

2. Carrying a Pistol Without a Permit § 29–35 with a penalty of up to five years.   His sentence was five years execution suspended after two and one-half years consecutive.

3. Interfering with an Officer § 53a–167a with a penalty up to one year.   His sentence was one year concurrent.

The court found in violation of his probation and his sentence was two years concurrent.

Total effective sentence was ten years suspended after seven and one-half years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On July 1, 2010 the police responded to a complaint of loitering.   The petitioner was present and the police retrieved a pistol and drugs from the youths who were at the apartment.   The petitioner was one of the youths.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He argues he has a limited criminal history and has recently obtained his GED. Counsel requests ten years suspended after three years.

The state argues that guns in Hartford are a major problem.   The petitioner was on parole at the time of his arrest.   The petitioner's record includes a prior felony conviction of Pistol Without a Permit in which he served two years in jail.   The state asks the sentence be affirmed.

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 had previously served time for Carrying a Pistol Without a Permit.   The petitioner was on parole at the time of his arrest.

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 § 43–2g.

The Sentence is Affirmed.

Brian T. Fischer, Gary J. White, Kari A. Dooley, Js.

Fischer, Brian T., White, Gary A., Dooley, Kari A., Js.