State of Connecticut v. 384253 (2013)

MEMORANDUM OF DECISION

The petitioner is Pierre Joseph.   He was convicted by a jury of Sexual Assault in the Second Degree.   His sentence was ten years suspended after the service of seven years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   The petitioner sexually assaulted a physically helpless victim while she was sleeping.   This happened on June 25, 2011 in Bridgeport.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner argues he had no criminal record.   He requests a sentence of four years.

The state argues the victim was in a safe environment in the family home when, tragically she was sexually assaulted by the petitioner.

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 sexually assaulted a physically helpless victim.   The impact on the victim's life has been substantial.

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

Joan K. Alexander, Judge

James P. Ginocchio, Judge

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

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