State of Connecticut v. 108473 (2013)

MEMORANDUM OF DECISION

The petitioner is Ronald Swinton.   He was found guilty by the court for a Violation of Probation.   His sentence was six years to run consecutive with his ten-year sentence on his conviction, by a jury, of Assault in the First Degree.

The petitioner withdrew his sentence review application on the Assault in the First Degree count and proceeded on his Violation of Probation sentence.

It is from this six-year sentence on the Violation of Probation he seeks a review.

The facts are as follows.   The underlying assault was the petitioner stabbing a victim resulting in an eleven-inch life threatening wound.   The basis of the Violation of Probation was the new criminal conduct.   The petitioner owed six years on his probation.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner argues he had straightened out his life and was working until the underlying assault case.   The petitioner requests a reduction of several years off the six-year sentence.

The state argues the new arrest was a violent felony assault.   The victim almost lost his life.   The petitioner has an extensive violent criminal 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 petitioner was convicted of a violent assault.   He has an extensive criminal record with over twenty five convictions.

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.