State of Connecticut v. 379661 (2013)

MEMORANDUM OF DECISION

The petitioner is Andrew Dickson.   He was convicted by a jury of Assault in the First Degree and Conspiracy to Commit Robbery in the First Degree.   His total effective sentence was 25 years to serve with 10 years special parole.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On January 3, 2010 two victims responded to a Craigslist ad about a sale of an ATV in Bridgeport.   When they arrived three males approached them, one with a rifle.   When one victim refused to give money he was shot in the neck and leg by the petitioner.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner claims his sentence is excessive as he had no criminal record and the co-defendant was the one who planned this.   The petitioner requests a sentence of 20 years with probation.

The state argues this was very close to a fatal injury to the victim.   The victims were defenseless innocent people and one of them ended up with very serious gunshot wounds.

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.   This was a planned violent crime involving the petitioner shooting a defenseless victim in the neck and leg because he didn't turn over money to the petitioner.

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

Fischer, J., Alexander, J. and Ginocchio, J. participated in this decision.

Fischer, Brian T., Alexander, Joan K., Ginocchio, James P., J.