Carrasquillo v. Commissioner of Correction ( 2021 )


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    PEDRO CARRASQUILLO v. COMMISSIONER
    OF CORRECTION
    (AC 42537)
    Moll, Alexander and Suarez, Js.
    Syllabus
    The petitioner, who had been convicted of murder and carrying a pistol
    without a permit, sought a writ of habeas corpus, claiming that his trial
    counsel, P, rendered ineffective assistance by failing to properly advise
    him concerning a plea offer. The habeas court denied the petition,
    concluding that P had provided the petitioner with effective assistance
    and, thereafter, the court granted the petition for certification to appeal,
    and the petitioner appealed to this court. Held that the habeas court
    properly denied the petition for a writ of habeas corpus and properly
    concluded that the petitioner was not deprived of the effective assistance
    of counsel: there was ample evidence in the record to support the court’s
    findings that P advised the petitioner regarding the plea offer, the state’s
    case against him, and the pros and cons of going to trial through exten-
    sive discussions, P requested several continuances to provide the peti-
    tioner with time to consider the plea offer, and there was evidence in
    the record that P did in fact recommend that the petitioner plead guilty;
    moreover, P’s representation was not deficient, as the advice given by
    P was adequate for the petitioner to make an informed decision about
    whether to accept the plea offer, P having made the petitioner aware
    of the mandatory minimum sentence, discussed the state’s evidence
    against him, including witness statements and warrant affidavits, and
    estimated that the petitioner had a 50/50 chance of success at trial;
    furthermore, there was no requirement that counsel specifically recom-
    mend that a client accept a plea offer, only that counsel provide an
    informed opinion regarding the plea offer under the circumstances of
    the case.
    Argued January 12—officially released July 27, 2021
    Procedural History
    Amended petition for a writ of habeas corpus, brought
    to the Superior Court in the judicial district of Tolland
    and tried to the court, Bhatt, J.; judgment denying the
    petition, from which the petitioner, on the granting of
    certification, appealed to this court. Affirmed.
    Robert L. O’Brien, assigned counsel, with whom, on
    the brief, was William A. Adsit, assigned counsel, for
    the appellant (petitioner).
    Margaret Gaffney Radionovas, senior assistant state’s
    attorney, with whom were Patrick J. Griffin, state’s
    attorney, and Adrienne Russo, assistant state’s attor-
    ney, for the appellee (respondent).
    Opinion
    SUAREZ, J. The petitioner, Pedro Carrasquillo,
    appeals, following the granting of his petition for certifi-
    cation to appeal, from the judgment of the habeas court
    denying his second amended petition for a writ of
    habeas corpus. The petitioner claims that the habeas
    court erred by concluding that he was not deprived of
    his right to the effective assistance of counsel during
    his underlying criminal trial. We affirm the judgment
    of the habeas court.
    The following facts and procedural history are rele-
    vant to our resolution of the petitioner’s claims. In 2005,
    following a trial, the petitioner was convicted of murder
    in violation of General Statutes (Rev. to 2003) § 53a-54a
    (a) and carrying a pistol without a permit in violation
    of General Statutes (Rev. to 2003) § 29-35.1 Attorney
    Diane Polan represented the petitioner throughout the
    pretrial, trial, and sentencing phases of his case. Michael
    Dearington, state’s attorney for the judicial district of
    New Haven, prosecuted the case. In June, 2004, during
    a pretrial conference, the court, Fasano, J., indicated
    that it would accept a proposed plea agreement in which
    the petitioner would enter a guilty plea to the charge
    of murder and receive the mandatory minimum sen-
    tence of twenty-five years of incarceration. In Novem-
    ber, 2004, the petitioner formally rejected the proposed
    plea agreement. Following the jury’s verdict of guilty
    and the finding of guilty by the court, on September
    13, 2005, the court imposed a thirty-five year sentence
    on the murder count and a concurrent sentence of five
    years for the carrying a pistol without a permit count.
    The judgment of conviction was upheld following the
    petitioner’s direct appeal to our Supreme Court. State v.
    Carrasquillo, 
    290 Conn. 209
    , 211, 
    962 A.2d 772
     (2009).2
    On September 27, 2013, the petitioner, as a self-repre-
    sented litigant, filed a petition for a writ of habeas
    corpus. The petitioner subsequently was appointed
    habeas counsel. On December 26, 2017, the petitioner,
    through counsel, filed an amended petition. On April
    24, 2018, a second amended petition was filed. In the
    second amended petition, the petitioner alleged, in rele-
    vant part, that he received deficient representation
    related to the plea offer discussed before Judge Fasano
    prior to the start of the criminal trial. He alleged that
    his confinement is unlawful because the representation
    provided by his trial counsel, Attorney Polan, ‘‘[fell]
    below the range of competency displayed by lawyers
    with ordinary training and skill’’ and that ‘‘there [was]
    [a] reasonable probability that, but for counsel’s acts
    and omissions, [he] would have either accepted the plea
    agreement offered and received a lower sentence or
    would have proceeded to trial and received a more
    favorable outcome.’’3
    The petitioner alleged that trial counsel’s representa-
    tion was deficient in several ways. The petitioner asserted
    that his trial counsel failed (1) ‘‘to adequately and mean-
    ingfully convey the terms of the plea agreement offered
    to the petitioner, and convey all of the possible conse-
    quences of going to trial rather than accepting the plea
    agreement,’’ (2) ‘‘to ensure that the petitioner had the
    capacity to make an informed decision regarding whether
    to enter a plea or go to trial,’’ (3) ‘‘to consult . . . with
    a medical professional specializing in adolescent cogni-
    tive, neurological and psychological development to
    assist trial counsel in understanding how to meaning-
    fully convey the offered plea agreement to the peti-
    tioner, or to assist trial counsel in determining whether
    petitioner had the capacity to make an informed deci-
    sion to plead or proceed to trial,’’ (4) to ensure ‘‘that
    a capable individual be appointed guardian ad litem for
    the petitioner and ensure that the court would approve
    the trial counsel’s recommendation that the appointed
    guardian ad litem make the decision whether the peti-
    tioner should enter a plea or proceed to trial,’’ (5) ‘‘to
    have an appropriate adolescent psychiatric professional
    interview the petitioner for the purpose of offering a
    professional opinion on whether the petitioner had the
    capacity and/or was capable of making an informed deci-
    sion on the issue of whether to enter a plea or proceed
    to trial,’’ (6) ‘‘to adequately cross-examine the state’s
    witnesses to reveal inconsistencies in their testimonies
    and to impeach their veracity,’’ and (7) ‘‘to adequately
    question defense witnesses to rebut the testimony of
    the witnesses provided by the state.’’ The claim raised in
    the present appeal is related only to the habeas court’s
    rejection of the petitioner’s claim that he received defi-
    cient representation with respect to the advice he
    received from trial counsel in connection with the
    plea offer.
    On September 11, 2018, the habeas court, Bhatt, J.,
    presided over the habeas trial. The petitioner presented
    the testimony of two witnesses, himself and Attorney
    Dearington.4 The petitioner testified about the plea offer
    that he had received before the murder trial and the
    advice Attorney Polan had given him regarding the
    offer. He testified that Attorney Polan had advised him
    that if he went to trial and lost, he could receive a
    sentence of between twenty-five and thirty years of
    incarceration. The petitioner indicated that Attorney
    Polan did not communicate the maximum sentence for
    a charge of murder. The petitioner further testified that
    Attorney Polan did not give him any specific recommen-
    dation regarding the plea offer, and she told him that
    he should make the decision ‘‘based on how [he felt]
    because at the end of the day, [he] was going to be the
    one serving the time or going to trial and going home
    . . . .’’ Attorney Polan gave the petitioner an estimate
    that he had a ‘‘50/50’’ chance at trial. The petitioner also
    testified that after trial, but before the verdict, Attorney
    Polan had indicated to him that there was another offer.5
    There was not a long conversation about the offer, and
    the petitioner ‘‘just refused.’’
    The petitioner’s habeas counsel examined Attorney
    Dearington about the pretrial plea offer. Attorney Dear-
    ington testified that Judge Fasano indicated that he
    would accept the plea agreement and impose a sentence
    of twenty-five years of incarceration. Attorney Dearing-
    ton testified that the petitioner did not accept the plea
    offer, and he had no recollection of making another
    offer to the petitioner at the time of trial. He indicated
    that nothing in his notes suggested that a second plea
    offer was made.
    On November 30, 2018, in a memorandum of decision,
    the habeas court denied the petitioner’s second
    amended petition for a writ of habeas corpus. The court
    found that ‘‘[t]he petitioner discussed the offer at length
    with Attorney Polan, who requested several continu-
    ances from June 15, 2004, when the offer was extended,
    to November 4, 2004, when the offer was rejected, in
    order to allow the petitioner time to consider the offer.
    During their discussions considering the offer, they dis-
    cussed the state’s evidence, which included witness
    statements and warrant affidavits, the pros and cons
    of going to trial, the weaknesses of the state’s case and
    defenses they could pursue. Attorney Polan informed
    him that murder carried a mandatory minimum sen-
    tence of twenty-five years. The petitioner was aware
    that murder was the most serious charge in Connecticut
    and that it carried a significant penalty. Attorney Polan
    advised him, however, that if he went to trial and lost,
    he could expect a sentence in the range of twenty-five
    to thirty-five years’ incarceration. . . .
    ‘‘Attorney Polan advised him to make his decision based
    on how he felt ‘because at the end of the day, [he] was
    going to be the one serving the time or going to trial
    and going home, that not to listen to nobody because
    it was not their decision to make.’ She told him that
    while it was good to ‘take people’s opinions and ponder
    them,’ the final decision was his to make. She estimated
    the odds of winning at trial as ‘50/50.’ Neither his mother
    nor his stepfather provided any input about whether
    he should accept or reject the offer. The petitioner decided
    to reject the offer and go to trial based on the inconsis-
    tencies of witness statements. This decision was bol-
    stered by the existence of a witness, a Nathaniel Gray-
    son, who had given a statement to the police indicating
    that the individual who kicked in the decedent’s car
    window was the one who shot him. This decision was
    made after a consideration of the terms of the offer, the
    evidence against him, the odds of success at trial and
    the potential sentence he might receive if he lost that
    trial. There is no dispute that had the petitioner accepted
    the offer, Judge Fasano would have accepted the plea
    and sentenced him in accordance with that offer,
    despite the victim’s father’s opposition to it. . . .
    ‘‘The petitioner also testified as to the existence of a
    second offer, made during jury deliberation. He testified
    that he was brought into an anteroom in the courtroom,
    where Attorney Polan told him that the state was inquir-
    ing whether he’d plead to the twenty-five years. His
    mother was present during this meeting but did not
    offer any advice. He told Attorney Polan that he would
    not accept this offer and she did not pursue it at length
    because she already knew that he was not going to take
    this offer. . . .
    ‘‘Attorney Dearington testified that there was no sec-
    ond offer and it was not reflected in his file. . . . It was
    his practice to make notes of all offers and something
    as significant as an offer to resolve the case mid-trial
    would have been noted.’’ (Citation omitted.)
    The court rejected the petitioner’s claim that Attorney
    Polan was deficient in the advice that she gave the
    petitioner regarding the plea offer. The court deter-
    mined that ‘‘Attorney Polan adequately advised the peti-
    tioner in order to assist him in making the decision to
    plead guilty or not.’’ In reaching its decision, the court
    noted that Attorney Polan ‘‘requested continuances for
    a period of four to five months to give the petitioner
    time to consider the offer. She wrote him a letter laying
    out the offer and discussed the pros and cons of plead-
    ing with him. In fulfilling her constitutional obligations,
    she made him aware of the mandatory minimum sen-
    tence, the witness statements, warrant affidavits and
    the strengths and weaknesses of the state’s case. She
    even estimated their chance of success as ‘50/50.’ She
    further guessed that if he lost after trial, he would get
    no more than thirty-five years to serve, which is exactly
    what he was sentenced to.’’
    Regarding the petitioner’s claim that Attorney Polan
    did not make a specific recommendation about the
    offer, the court concluded that ‘‘there is no requirement
    that counsel have to tell their client what the client’s
    decision should be. While counsel’s duty is to provide
    an informed opinion as to what pleas should enter, the
    reasonableness of counsel’s advice is to be examined
    in the context in which it was given, under the circum-
    stances of the case.’’ Further, the court determined that
    ‘‘Attorney Polan had extensive discussions with the
    petitioner about the strengths and weaknesses of the
    case, expressed her belief as to the likelihood of success
    after trial and told him that, in the end, it was his choice
    to make.’’
    Alternatively, the court determined that there was evi-
    dence before it that ‘‘would suggest that Attorney Polan
    did, in fact, recommend that the petitioner plead guilty.’’
    The court noted that, ‘‘[a]t the petitioner’s sentencing,
    Attorney Polan presented the testimony of Karen Brody,
    a psychiatrist who had examined the petitioner. During
    questioning by Attorney Polan, [Brody] testified that it
    was her finding that the petitioner lacked judgment.
    The petitioner told her that it was that lack of judgment
    that ‘caused him to go to trial as opposed to accepting
    the advice of counsel and perhaps taking a plea.’ ’’
    Further, the court found that ‘‘the petitioner’s testimony
    establishes that he chose to reject the offer not because
    of Attorney Polan’s deficient performance, but because
    he believed that the state’s case was weak and that there
    was a likelihood of prevailing at trial.’’ On cross-exami-
    nation, the petitioner testified that the ‘‘inconsistencies
    in the witness testimonies and the existence of Grayson
    as a defense witness were factors in rejecting the offer.’’
    The court also rejected the petitioner’s contention that
    Attorney Polan should have had him evaluated to deter-
    mine if he was capable of making an informed decision
    about the plea, given his young age. Accordingly, the
    court denied the petitioner’s second amended petition
    for a writ of habeas corpus.
    On December 14, 2018, the habeas court granted the
    petitioner’s certification to appeal. This appeal fol-
    lowed. Additional facts and procedural history will be
    set forth as necessary.
    As a preliminary matter, we begin by addressing the
    contention of the respondent, the Commissioner of Cor-
    rection, that the claim raised in this appeal is not review-
    able because several aspects of the claim were not
    raised in the second amended petition and because they
    are inadequately briefed on appeal. The aspects of the
    claim at issue include the petitioner’s assertions that
    Attorney Polan did not advise him regarding the strength
    of the state’s case, the maximum possible sentence he
    could receive, or the advisability of accepting the plea
    offer. ‘‘A reviewing court will not consider claims not
    raised in the habeas petition or decided by the habeas
    court. . . . Appellate review of claims not raised
    before the habeas court would amount to an ambuscade
    of the [habeas] judge.’’ (Citations omitted; internal quo-
    tation marks omitted.) Henderson v. Commissioner of
    Correction, 
    129 Conn. App. 188
    , 198, 
    19 A.3d 705
    , cert.
    denied, 
    303 Conn. 901
    , 
    31 A.3d 1177
     (2011).
    We disagree with the respondent and conclude that
    these contentions are properly preserved for our review.
    In his second amended petition, the petitioner alleged
    that ‘‘[t]rial counsel failed to adequately and meaning-
    fully convey the terms’’ of the plea offer or the ‘‘possible
    consequences’’ of rejecting the offer and going to trial.
    These allegations are general in nature, but they reason-
    ably may be interpreted to encompass the petitioner’s
    assertions that trial counsel failed to advise him regard-
    ing the strength of the state’s case, the maximum possi-
    ble sentence he could receive, or the advisability of
    accepting the plea offer. Moreover, in its memorandum
    of decision, the habeas court made specific factual find-
    ings regarding these allegations.6 The respondent’s con-
    tention that the petitioner’s briefing of these issues was
    inadequate is similarly unpersuasive. We are satisfied
    that the petitioner has adequately raised and briefed
    the claim.
    We now turn to the governing legal principles applica-
    ble to the petitioner’s ineffective assistance of counsel
    claim. ‘‘Our standard of review of a habeas court’s judg-
    ment on ineffective assistance of counsel claims is well
    settled. In a habeas appeal, this court cannot disturb
    the underlying facts found by the habeas court unless
    they are clearly erroneous, but our review of whether
    the facts as found by the habeas court constituted a
    violation of the petitioner’s constitutional right to effec-
    tive assistance of counsel is plenary. . . . The habeas
    judge, as the trier of facts, is the sole arbiter of the
    credibility of witnesses and the weight to be given to
    their testimony. . . .
    ‘‘A claim of ineffective assistance of counsel is governed
    by the two-pronged test set forth in Strickland v. Wash-
    ington, 
    466 U.S. 668
    , 
    104 S. Ct. 2052
    , 
    80 L. Ed. 2d 674
    (1984). Under Strickland, the petitioner has the burden
    of demonstrating that (1) counsel’s representation fell
    below an objective standard of reasonableness, and (2)
    counsel’s deficient performance prejudiced the defense
    because there was a reasonable probability that the
    outcome of the proceedings would have been different
    had it not been for the deficient performance. . . .7
    ‘‘In order to prevail on a claim of ineffective assistance
    of counsel, the petitioner must establish both prongs of
    the Strickland test. . . . [A] habeas court may dismiss
    the petitioner’s claim if he fails to satisfy either prong.
    . . . Accordingly, a court need not determine the defi-
    ciency of counsel’s performance if consideration of the
    prejudice prong will be dispositive of the ineffec-
    tiveness claim.’’ (Citations omitted; footnote added;
    internal quotation marks omitted.) Sewell v. Commis-
    sioner of Correction, 
    168 Conn. App. 735
    , 741–42, 
    147 A.3d 196
     (2016), cert. denied, 
    324 Conn. 907
    , 
    152 A.3d 1245
     (2017).
    In the context of a plea bargain, ‘‘[a] defense lawyer in
    a criminal case has the duty to advise his client fully on
    whether a particular plea to a charge appears to be
    desirable.’’ (Internal quotation marks omitted.) Vazquez
    v. Commissioner of Correction, 
    123 Conn. App. 424
    ,
    437, 
    1 A.3d 1242
     (2010), cert. denied, 
    302 Conn. 901
    , 
    23 A.3d 1241
     (2011). ‘‘Although the defendant ultimately
    must decide whether to accept a plea offer or proceed
    to trial, this critical decision, which in many instances
    will affect a defendant’s liberty, should be made by a
    represented defendant with the adequate professional
    assistance, advice, and input of his or her counsel.
    Counsel should not make the decision for the defendant
    or in any way pressure the defendant to accept or reject
    the offer, but counsel should give the defendant his or
    her professional advice on the best course of action
    given the facts of the particular case and the potential
    total sentence exposure.’’ (Emphasis omitted.) Barlow
    v. Commissioner of Correction, 
    150 Conn. App. 781
    ,
    800, 
    93 A.3d 165
     (2014). ‘‘We are mindful that [c]ounsel’s
    conclusion as to how best to advise a client in order
    to avoid, on the one hand, failing to give advice and,
    on the other, coercing a plea enjoys a wide range of
    reasonableness . . . . Accordingly, [t]he need for rec-
    ommendation depends on countless factors, such as
    the defendant’s chances of prevailing at trial, the likely
    disparity in sentencing after a full trial compared to the
    guilty plea . . . whether [the] defendant has main-
    tained his innocence, and the defendant’s comprehen-
    sion of the various factors that will inform [his] plea
    decision.’’ (Citation omitted; internal quotation marks
    omitted.) Sanders v. Commissioner of Correction, 
    169 Conn. App. 813
    , 828, 
    153 A.3d 8
     (2016), cert. denied,
    
    325 Conn. 904
    , 
    156 A.3d 536
     (2017).
    Although the petitioner argues that the court improp-
    erly rejected his claim of ineffective assistance of coun-
    sel, he has, in the present appeal, narrowed the specific
    allegations of ineffective representation on which his
    claim is based. The petitioner asserts that Attorney
    Polan’s failure to adequately advise him about the plea
    offer constituted deficient performance. Specifically,
    the petitioner argues that Attorney Polan rendered inef-
    fective assistance of counsel by ‘‘failing to reasonably
    explain the contours of the pretrial, court-indicated
    twenty-five year offer to the petitioner, including the
    strength of the state’s case against the petitioner, the
    maximum possible sentence exposure and the legal and
    practical advisability of accepting the plea offer.’’ We
    agree with the habeas court that the petitioner failed
    to demonstrate that Attorney Polan’s advice regarding
    the plea offer was deficient.
    First, we must address the petitioner’s challenges to
    the court’s factual findings. ‘‘To the extent that factual
    findings are challenged, this court cannot disturb the
    underlying facts found by the habeas court unless they
    are clearly erroneous. . . . [A] finding of fact is clearly
    erroneous when there is no evidence in the record to
    support it . . . or when although there is evidence to
    support it, the reviewing court on the entire evidence
    is left with the definite and firm conviction that a mis-
    take has been committed.’’ (Internal quotation marks
    omitted.) Fields v. Commissioner of Correction, 
    179 Conn. App. 567
    , 576, 
    180 A.3d 638
     (2018).
    The petitioner disputes the court’s finding that Attor-
    ney Polan advised him through ‘‘extensive discussions’’
    about the case against him. After a thorough review of
    the record, we conclude that there is ample evidentiary
    support for the court’s finding. Attorney Polan requested
    several continuances from June 15 to November 4,
    2004, in order to provide the petitioner time to consider
    the plea offer. During this period of time, the petitioner
    discussed the offer with counsel, who advised him of
    the state’s evidence, the pros and cons of going to trial,
    the weaknesses of the state’s case, and possible defen-
    ses to pursue. Attorney Polan also discussed the poten-
    tial sentence exposure with the petitioner, as well as his
    chances of success at trial. On the basis of this evidence,
    we conclude that the court’s finding that Attorney Polan
    advised the petitioner through extensive discussions
    about the case was not clearly erroneous.
    The petitioner also challenges the court’s finding that
    ‘‘there was evidence to ‘suggest that Attorney Polan did,
    in fact, recommend that the petitioner plead guilty.’ ’’
    Contrary to the petitioner’s argument, the testimony of
    Brody at the petitioner’s sentencing supports this find-
    ing of fact. As we have discussed previously in this
    opinion, Brody testified that the petitioner lacked judg-
    ment and that it was his lack of judgment that caused
    him to go to trial ‘‘as opposed to accepting the advice
    of counsel and perhaps taking a plea.’’ We conclude
    that the court properly found that there was evidence
    to suggest that Attorney Polan did recommend that the
    petitioner plead guilty.
    Next, we turn to the court’s determination that Attor-
    ney Polan’s representation was not deficient. We con-
    clude that the advice provided to the petitioner by Attor-
    ney Polan was adequate for him to make an informed
    decision about whether to accept the state’s plea offer.
    The petitioner argues that Attorney Polan’s representa-
    tion was deficient because she failed to explain the
    strength of the state’s case against him, advise him of
    the maximum possible sentence for murder, or make
    a recommendation as to whether he should accept the
    proposed plea bargain. Despite these allegations, the
    petitioner has not demonstrated, as required under the
    performance prong of Strickland, that Attorney Polan’s
    advice fell below an objective standard of reasonable-
    ness. See Strickland v. Washington, 
    supra,
     
    466 U.S. 687
    –88; Sewell v. Commissioner of Correction, supra,
    
    168 Conn. App. 741
    –42. The court found that, in fulfilling
    her constitutional obligations, Attorney Polan ‘‘made
    [the petitioner] aware of the mandatory minimum sen-
    tence, the witness statements, warrant affidavits and
    the strengths and weaknesses of the state’s case.’’ Attor-
    ney Polan wrote the petitioner a letter in which she
    explained the plea agreement and discussed the pros
    and cons of this agreement with him. She estimated
    that his chance of success at trial was ‘‘50/50’’ and told
    him that he would not get more than thirty-five years
    if he was found guilty at trial.
    Additionally, there is no requirement that counsel spec-
    ifically recommend that the petitioner accept a plea
    offer. Barlow v. Commissioner of Correction, supra,
    
    150 Conn. App. 794
    –95. As the habeas court observed,
    counsel’s duty is to provide an informed opinion regard-
    ing the plea offer under the circumstances of the case.
    In the present case, trial counsel had ‘‘extensive discus-
    sions with the petitioner about the strengths and weak-
    nesses of the case, expressed her belief as to the likeli-
    hood of success after trial, and told [the petitioner]
    that, in the end, it was his choice to make.’’ Accordingly,
    we agree with the habeas court that Attorney Polan
    adequately advised the petitioner concerning the plea
    offer.
    The judgment is affirmed.
    In this opinion the other judges concurred.
    1
    The petitioner elected a bench trial on the charge of carrying a pistol
    without a permit and a jury trial on the charge of murder.
    2
    In its opinion affirming the judgment of conviction, our Supreme Court
    set forth the facts underlying the conviction. State v. Carrasquillo, 
    supra,
    290 Conn. 211
    –13. We do not repeat those facts in this opinion because they
    are not relevant to the issues presented in this appeal.
    3
    The petition also contained a second count in which the petitioner
    asserted a violation of his right to due process under the sixth and fourteenth
    amendments to the United States constitution. In its memorandum of deci-
    sion denying the petition, the habeas court stated that the due process claim
    did not warrant review apart from the petitioner’s ineffective assistance of
    counsel claim, as the due process claim ‘‘is inextricably interwoven with
    the petitioner’s claim of ineffective assistance of counsel.’’ In the present
    appeal, the petitioner does not raise a claim of error related to this portion
    of the habeas court’s ruling.
    4
    At the time of the habeas trial, Attorney Dearington had retired from
    his position as state’s attorney for the judicial district of New Haven.
    5
    In the present appeal, the petitioner makes no claim in relation to this
    second offer. The petitioner’s claim on appeal is related solely to the repre-
    sentation he received with respect to the pretrial plea offer.
    6
    The court found that Attorney Polan made the petitioner aware of the
    ‘‘mandatory minimum sentence, the witness statements, warrant affidavits
    and the strengths and weaknesses of the state’s case.’’ The court also found
    that Attorney Polan speculated that if the petitioner were found guilty, he
    would ‘‘get no more than thirty-five years to serve . . . .’’ In terms of provid-
    ing a recommendation that the petitioner accept the offer, the court found
    that there was no requirement that counsel ‘‘tell their clients what the client’s
    decision should be.’’
    Additionally, the court observed that there was evidence before the court
    that suggested that Attorney Polan did, in fact, recommend that the petitioner
    plead guilty. Karen Brody, a psychiatrist who had examined the petitioner,
    testified at the petitioner’s sentencing hearing, the transcript of which was
    entered as an exhibit at the habeas trial. In her testimony, Brody indicated
    that the petitioner told her that it was his own lack of judgment that ‘‘caused
    him to go to trial as opposed to accepting the advice of counsel and perhaps
    taking a plea.’’
    7
    In the context of a claim of ineffective assistance that pertains to the
    representation afforded in connection with a plea offer, our Supreme Court
    has held that ‘‘to establish prejudice, a petitioner need establish only that
    (1) it is reasonably probable that, if not for counsel’s deficient performance,
    the petitioner would have accepted the plea offer, and (2) the trial judge
    would have conditionally accepted the plea agreement if it had been pre-
    sented to the court.’’ Ebron v. Commissioner of Correction, 
    307 Conn. 342
    ,
    357, 
    53 A.3d 983
     (2012), cert. denied sub nom. Arnone v. Ebron, 
    569 U.S. 913
    , 
    133 S. Ct. 1726
    , 
    185 L. Ed. 2d 802
     (2013).