State of Connecticut v. 194122 (2014)

MEMORANDUM OF DECISION

The petitioner is Ernesto Pagan.   He was found guilty after a jury trial of the following charges:

1.) Sexual Assault 1st Connecticut General Statutes 53a–70(a)(1).

2.) Sexual Assault 1st Connecticut General Statutes 53a–70(a)(2).

3.) Sexual Assault 3rd Connecticut General Statutes 53a–72(a)(1)(B).

4.) Risk of Injury to a Minor Connecticut General Statutes 53–21(a)(2).

5.) Risk of Injury to a Minor Connecticut General Statutes 53–21(a)(1).

6.) Possessing Child Pornography 3rd Connecticut General Statutes 53 a–196f(a).

7.) Employing Minor in Obscene Performance Connecticut General Statutes 53a–196a(a)(1).

The court imposed a total effective sentence of twenty years to serve with a period of special parole.   It is from this sentence the petitioner seeks review.

The facts are as follows.   The petitioner sexually assaulted his daughter's eleven-year-old friend.   He had numerous pictures of juveniles in sexual poses in his apartment.

The petitioner claims his sentence is inappropriate and disproportionate pursuant to Practice Book § 43–28.   He is sixty-two years old and claims he is in very poor health.   He claims this is a life sentence and should be reduced.

The state argues he repeatedly sexually assaulted an eleven-year-old victim who will forever be traumatized by these assaults.   He has an extensive felony 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.   He sexually assaulted his daughter's eleven-year-old female friend.   He stole the innocence of an eleven-year-old victim.   He has numerous prior felony convictions.

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