State of Connecticut v. 356184 (2013)

MEMORANDUM OF DECISION

The petitioner is Alexis Santos.   He was convicted by a jury on two separate files.

Docket # CR11–401131 four counts of Sexual Assault 1st Connecticut General Statutes Section 53a–70(a)(2), four counts of Illegal Sexual Contact, Connecticut General Statutes Section 53–21(a)(2) and Risk of Injury to a Child, Connecticut General Statutes Section 53–21(a)(1).   His total effective sentence on this docket was ten years with ten years special parole.

On Docket # CR11–402391 he was convicted of the same crimes as Docket CR11–401131, one count each, plus a separate crime of Sexual Assault 4th Connecticut General Statutes 53a–73a(a)1A.   His sentence on this docket was ten years with ten years special parole to run consecutive.

Therefore his total effective sentence was twenty years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   Victims # 1 and # 2 were approximately eight years old when their stepfather started sexually abusing them.   The sexual abuse continued over a period of time.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner argues he has no criminal record and a sentence less than twenty years would be appropriate.

The petitioner addressed the court and stated he is not responsible for this crime and that the sentence is too high for something he didn't do.

The state argues the repeated sexual assaults of the minor victims by their stepfather has had devastating effects on them.   They have suffered ongoing substantial mental health issues.

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 repeatedly sexually abused his minor stepdaughters which has and will continue to have a devastating impact on their physical and mental health.

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.

Gary White, Judge

Joan K. Alexander, Judge

Brian T. Fischer, Judge

Fischer, White, and Alexander, J's. participated in this decision.

Fischer, Brian T., White, Gary J., Alexander, Joan K., Js