DocketNumber: No. CR94-121270
Citation Numbers: 2001 Conn. Super. Ct. 4746
Judges: NORKO, JUDGE KLACZAK, JUDGE MIANO, JUDGE
Filed Date: 4/4/2001
Status: Non-Precedential
Modified Date: 7/5/2016
Application for review of sentence imposed by the Superior Court, Judicial District of Middlesex at Middletown.
Docket No. CR94-121270.
William Paetzold, Esq. for the Petitioner.
Timothy Liston, Esq. for the State of Connecticut.
BY THE DIVISION
The petitioner was convicted by jury of Burglary 1st in violation of Conn. Gen. Statute Sec.
The record shows that the Portland Police found a 19-year old victim shot to death in his apartment. Investigation found that the killing was gang related to avenge the beating of the petitioner.
At the hearing counsel for the petitioner argued that the sentence imposed was excessive in that the petitioner was only seventeen years old at the time of the crime. He noted further that the petitioner came from a troubled home and that his mother was a drug addict. Counsel indicated that the petitioner dropped out of school at the eighth grade level and he was recruited by the Los Solidos. Counsel also felt that the sentencing court did not give enough consideration to the information in the presentence report. He asked the panel for a reduction of the CT Page 4748 sentence.
Petitioner when he addressed the panel admitted his wrongdoing and apologized to the family of the victim.
The attorney for the State noted that the actions of the petitioner not only endangered the victim but other citizens were in the line of fire when the shooting took place. Counsel also informed the panel that the petitioner was on supervised home release at the time of the crime and that the petitioner showed no remorse for the crime. He indicated that the killing devastated the victim's family and they asked the court to impose justice firmly. Counsel felt the sentencing court heeded that request and asked for an affirmance.
In reviewing the record the remarks of the sentencing court are important:
"Anyone . . . had to know, had to know what they were doing was absolutely wrong and evil. There was no one . . . that could possibly be misled to thinking it was otherwise. We hear more and more about gang violence. . ."
When reviewing the facts we see that a cold blooded murder took place with violence and a reckless disregard for life of the victim and those who by happenstance were in the vicinity.
Pursuant to Connecticut Practice Book Sec.
The Division is without authority to modify sentences except in accordance with the provision of Connecticut Practice Book Sec.
In reviewing the records as a whole, the Division finds that the sentencing court's actions were in accordance with the parameters of Connecticut Practice Book Sec.
The sentence imposed was neither inappropriate nor disproportionate.
THIS SENTENCE IS AFFIRMED. CT Page 4749
NORKO, J.
KLACZAK, J.
MIANO, J.
Judges Miano, Klaczak, and Norko participated in this decision.