State of Connecticut v. 286893 (2013)

MEMORANDUM OF DECISION

The petitioner is Leonardo Nogueira.   The petitioner was found guilty after a court trial on the following charges:

1) Kidnapping in the 1st Degree.   Sentence was twenty-five years to serve.

2.) Sexual Assault in the 1st Degree.   Sentence was ten years to serve consecutive.

3.) Attempt to Commit Sexual Assault in the 1st Degree.   Sentence was ten years concurrent.

4.) Assault in the 3rd Degree.   Sentence was one year concurrent.

5.) Threatening. Sentence was one year concurrent.

His total effective sentence was thirty-five years to serve.   It is from this sentence the petitioner seeks review.

The facts are as follows.   On November 11, 2000 the victim was walking on West Street in Danbury when the petitioner rode up behind her on a bike and sexually assaulted her.   The victim was dragged onto a church property by the petitioner who forced her to perform oral sex on him.   He continued to assault her for over an hour attempting vaginal and anal penetration.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner claims he had abused alcohol and drugs that day.   The petitioner addressed the panel and expressed remorse for his actions.   He requests his sentence be modified to fifteen years to serve.

The state argues this was a brutal assault of an innocent victim.   The victim suffered a broken bone in the assault which lasted over an hour.   She has been permanently traumatized.

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 brutal sexual assault of an innocent victim.   The sexual assault went on for over an hour and the victim has been traumatized for 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

Joan K. Alexander, Judge

Arthur C. Hadden, Judge

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

Fischer, Brian T., Joan K. Alexander, Arthur C. Hadden, Js.