State of Connecticut v. 225990 (2013)

MEMORANDUM OF DECISION

BY THE DIVISION

The petitioner is Julio Rodriguez.   He was convicted by a jury of Aiding a Murder in violation of Connecticut General Statutes Section 53a–8(a)/53a–54a with a penalty of up to sixty years.

His sentence was fifty years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On February 15, 1996 the victim succumbed to numerous gunshot wounds.   This was a retaliation shooting related to gang activity.   Three weapons were used and the petitioner was implicated for being at the scene.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He argues he was not the shooter and he was only 19 years old at the time of the shooting.   The petitioner argues he is a changed man and that twenty-five years is an appropriate sentence.

The state argues the victim was killed in his kitchen.   This was a premeditated hit.   The petitioner already had a felony record and had several unsuccessful probations.

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 participated in a well thought out execution.   The victim was eating dinner in his kitchen.   The petitioner has several unsuccessful probations and a felony record.

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, J., White, J. and Alexander, J. participated in this decision.

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