State of Connecticut v. 100722 (2014)

MEMORANDUM OF DECISION

The petitioner is Joseph Moore.   He was convicted by a jury of Robbery in the First Degree, Use of Firearm in Commission of a A/B/C Felony, Persistent Dangerous Felony Offender and Committing Crime While Out On Bond. He received a total effective sentence of 34 years (15 years mandatory minimum, 8 years non-suspendable).

The facts are as follows:  The petitioner committed a bank robbery in July of 2009.   The bank manager reported that an unknown black male entered the bank acting in an agitated and nervous manner.   He handed the manager a note stating that he wanted cash, that he had a gun, and that he was in a hurry.   The manager took money from the teller draw, turned it over to the black male who then fled.   The incident was captured by surveillance footage and the suspect was eventually apprehended.   A sum of $3,513.85 was found on the petitioner.

The petitioner claims that his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He claims he did not have a gun and never intended to hurt anyone.   His criminal conduct was the result of drug addiction.   He is asking for a sentence of 25 years.

The state argues that the petitioner is a violent career criminal who has never benefitted from any meaningful rehabilitation.   In fact, since 1985 he has spent all but six and a half years of his life in the prison system.

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 Statutes § 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 has an extensive violent felony record that dates back to 1980.   He has never been substantially employed and he has never benefitted from any meaningful drug treatment.   He has never shown any remorse for his actions.   In fact, throughout the past he has demonstrated contempt for the court system as well as contempt for his victims.

In reviewing the record as a whole, the division finds that the sentencing court's action were in accordance with the parameters of Connecticut Practice Book § 43–23.

The Sentence is Affirmed.

James P. Ginocchio, Judge

Brian T. Fischer, Judge

Joan K. Alexander, Judge

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

Ginocchio, James P., Fischer, Brian T., Alexander Joan K., J.s