State of Connecticut v. 136755 (2012)

MEMORANDUM OF DECISION

The petitioner is Jay Newton.   The petitioner entered a guilty plea to a violation of probation.   He was sentenced to three years incarceration.   It is from this sentence that the petitioner seeks review.

The facts are as follows.   In March 2013 the petitioner was offered a three-year cap to go to AIC, and have random urines with other conditions.   In May of 2013 he was not in compliance with the terms of his release.   He did not cooperate with the JRI referral and was sentenced on 7/1/13 to the three years.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He claims he only missed one appointment with the JRI referral and that a sentence of 18 months to two years would be appropriate.

The state argues the petitioner was given numerous opportunities to comply with the terms of the cap but refused to do so.   He has a long and extensive criminal record.

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.   As the trial judge noted the petitioner has a “horrible record” dating back to 1987.   He has been given many breaks and beds are for those who want to get the treatment needed.

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

James P. Ginocchio, Judge

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

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