State of Connecticut v. 235336 (2013)

MEMORANDUM OF DECISION

The petitioner is Alex Garcia.   He was convicted by a jury of the following crimes:

1) Attempt to Commit Murder

2) Accessory to Robbery 1st (4 counts)

3) Conspiracy to Commit Robbery 1st (2 counts)

His total effective sentence was forty years.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On August 4, 2004 there was a shooting near a basketball court in Danbury.   A group of males from Stamford were lured to the court by the petitioner and his associates.   The petitioner threw the first punch and shot one of the victims in the leg and abdomen with an assault rifle.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He argues the co-defendants received less time than he did.   He requests a sentence of twenty years.

The state argues the petitioner played a major role in setting up this assault.   He was on parole when he fired two shots into the victim's body.

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, while on parole, fires two shots at a victim striking him in the chest and leg.   This was a brutal assault affecting the victim for the balance of his life.

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

James Ginocchio, Judge

Joan K. Alexander, Judge

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

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