State of Connecticut v. 241778 (2013)

MEMORANDUM OF DECISION

The petitioner is Eugene Foote.   He was convicted by a jury of the following:

1.)  Burglary in the First Degree with a penalty of up to twenty years.   His sentence was seventeen years.

2.) Unlawful Restraint in the First Degree with a penalty of up to five years.   His sentence was three years to run consecutive with count one.

His total effective sentence was twenty years to serve.   It is from this sentence the petitioner seeks review.

The facts are as follows.   The petitioner entered the victim's residence looking for a male.   The petitioner dragged the victim from room to room with a knife in his hand.   After a struggle with the victim, the victim gave the petitioner three dollars.   The petitioner was detained shortly thereafter and identified by the victim.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner has extensive mental health issues.   The petitioner argues that the victim was not injured.

The state argues the petitioner went into a stranger's home and dragged the victim room to room with a knife.   The petitioner has an extensive violent felony record.

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 twenty-year sentence is appropriate given his criminal history and the violent nature of his conduct in this burglary.

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

Gary White, Judge

Joan K. Alexander, Judge

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

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