State of Connecticut v. 305913 (2012)

MEMORANDUM OF DECISION

The petitioner is Michael Ervin.   He was convicted by a jury of Murder in violation of Connecticut General Statutes § 53a–54a with a penalty of up to sixty years.   His sentence was sixty years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On March 14, 2002 the petitioner strangled and murdered his wife in New London.   The petitioner was having an affair and was scheduled to move out of marital home and in with his new girlfriend on March 16, 2002.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner argues he had no prior criminal record.   The petitioner addressed the division and maintains his innocence.   His attorney requests a sentence of twenty-five years.

The state argues this was a calculated and callous murder.   The state requests the sentence be affirmed.

The victim's family addressed the division and indicated the devastating loss this has been to the parents, children, and siblings of the victim, Renea.   Her young children have had to grow up without their mother.

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 was convicted of murdering his spouse.

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

Joan K. Alexander, Judge

Matthew E. Frechette, Judge

Fischer, J., Alexander, J., & Frechette, J. participated in this decision.

Fischer, Brian T., Alexander, Joan K., Frechette, Matthew E., J.s