State of Connecticut v. 139042 (2014)

MEMORANDUM OF DECISION

The petitioner is Francis Anderson.   The petitioner entered guilty pleas on two counts of assault on a public safety officer.   The maximum sentence allowed pursuant to statute is ten years on each count.

The petitioner was sentenced to five years to serve consecutive to any other sentence he was serving.   It is from this sentence the petitioner seeks review.

The facts are as follows.   The petitioner has been an inmate at Northern for a period of time.   On September 30, 2009 he assaulted two corrections officers, one in the face and forehead and the other in the face.   Both victims sustained injuries in the assault.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   The petitioner argues the injuries to the corrections officers were not serious.   He argues he has mental health issues and requests his five-year sentence run concurrent not consecutive to his existing sentence.

The state argues the petitioner has a horrific history of criminal assaults on corrections staff.   He has had over 500 tickets with over 40 of them being for assaults or attempted assaults while incarcerated.

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.   He has had prior convictions and sentences for his assaultive behavior towards correction officers.   A five-year consecutive sentence for again assaulting and injuring two correction officers is appropriate and proportionate.

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

Gary White, Judge

Joan K. Alexander, Judge

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

Fischer, Brian T., White, Gary J., Alexander, Joan K., Js.