State of Connecticut v. 352819 (2013)

MEMORANDUM OF DECISION

The petitioner is James Ward. He was convicted by a jury of Sexual Assault in the First Degree and was sentenced to a term of 20 years.   He was also convicted of Kidnapping in the First Degree and received a sentence of 10 years to run consecutive.   Total effective sentence of 30 years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On November 21, 1988 the petitioner rang the doorbell of the victim's home stating his car had overheated and asked for water.   He eventually came back for more water grabbed the victim and placed a knife next to her neck and sexually assaulted her.   His DNA was eventually matched in 2005 from a Massachusetts sexual assault and he was arrested.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He requests a sentence of 20 years.   He argues he has been in treatment for a long period of time and is now a mentor for others.

The state argues the petitioner faces a maximum of 45 years and should receive that.   He is a serial rapist who had numerous sexual assault convictions on his record.   The victim still suffers from this violent sexual assault of over 25 years ago.

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 preplanned violent rape of an innocent victim.   A knife was held to the victim's throat.   She has suffered enormously because of the petitioner's horrific actions.   He has an extensive sexual assault history and is an extremely dangerous person.

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.