State v. Williams-Bey , 173 Conn. App. 64 ( 2017 )

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STATE OF CONNECTICUT v. TAUREN
WILLIAMS-BEY
(AC 37430)
Lavine, Alvord and Beach, Js.*
Reconsidered April 13—officially released May 9, 2017**
(Appeal from Superior Court, judicial district of
Hartford, Clifford, J. [judgment]; Alexander, J. [motion
to correct illegal sentence].)
Heather Clark, assigned counsel, for the appellant
(defendant).
Michele C. Lukban, senior assistant state’s attorney,
with whom, on the brief, were Gail P. Hardy, state’s
attorney, Vicki Melchiorre, senior assistant state’s attor-
ney, and Melissa E. Patterson, assistant state’s attorney,
for the appellee (state).
Opinion
PER CURIAM. This court originally issued its deci-
sion in the present case on August 23, 2016. See State v.
Williams-Bey, 167 Conn. App. 744, 144 A.3d 467 (2016),
petition for cert. filed (Conn. September 12, 2016) (No.
160154). In our decision, we concluded that the form
of the trial court’s judgment was improper and
remanded the case ‘‘with direction to render judgment
denying the defendant’s motion to correct an illegal
sentence.’’ Id., 781.
Several months later, our Supreme Court issued its
decision in State v. Delgado, 323 Conn. 801, 151 A.3d
345 (2016), and thereafter, on February 7, 2017, issued
the following order. ‘‘No action is taken on the defen-
dant-appellant [Tauren Williams-Bey’s] petition for cer-
tification to appeal filed September 12, 2016, at this
time. It is hereby ordered, sua sponte, that the Appellate
Court’s decision in State v. Tauren Williams-Bey, 167
[Conn. App.] 744 (2016), is remanded to that court with
direction to reconsider its ruling that the trial court did
have jurisdiction over the motion to correct an illegal
sentence in light of our holding in State v. Delgado, 323
Conn. 801 (2016), and State v. Boyd, 323 Conn. 816 [151
A.3d 355] (2016).’’
Upon reconsideration, we are constrained by Delgado
to conclude that the trial court properly dismissed the
defendant’s motion to correct an illegal sentence and
that its judgment should be affirmed. See State v. Del-
gado, supra, 323 Conn. 801.
The trial court’s dismissal of the defendant’s motion
to correct an illegal sentence is affirmed.
* The listing of judges reflects their seniority status on this court as of
the date of reconsideration.
** This case was originally decided on August 23, 2016, by the same three
member panel of this court. Thereafter, our Supreme Court, sua sponte,
directed this court to ‘‘ reconsider its ruling that the trial court did have
jurisdiction over the motion to correct an illegal sentence in light of our
holding in State v. Delgado, 323 Conn. 801 [151 A.3d 345] (2016), and State
v. Boyd, 323 Conn. 816 [151 A.3d 355] (2016).’’