State of Connecticut v. 109527 (2013)

MEMORANDUM OF DECISION

The petitioner is Eric Anderson.   The petitioner was found guilty of Violation of Probation.   He was on probation for Sale of Narcotics and owed 6 1/2 years.   His sentence was 6 1/2 years.

It is from this sentence the petitioner seeks review.

The facts are as follows.   The petitioner was convicted and incarcerated for Possession of Narcotics with Intent to Sell on February 25, 2008.   While on probation he was arrested for conspiracy to sell drugs to a police officer.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He argues he is a model prisoner and has had no dirty urines.

The state argues he was on probation for Possession of Narcotics with Intent to sell when he was arrested for selling drugs to a police officer.

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 on probation for selling drugs and is then arrested for sale of drugs to an undercover police officer

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.