DocketNumber: Nos. MV94-79154, CR95-91892, MV95-181308, MV96-18219, MV95-179409, CR95-89535
Citation Numbers: 2000 Conn. Super. Ct. 9999
Judges: MIANO, JUDGE. KLACZAK, JUDGE. NORKO, JUDGE.
Filed Date: 8/29/2000
Status: Non-Precedential
Modified Date: 4/18/2021
The Petitioner seeks review of this sentence.
Counsel for the Petitioner stressed before the Division that all the CT Page 10000 offenses occurred in 1994 and 1995 and by the time of sentencing in September of 1999 the petitioner, in the intervening 4 years, had made significant positive life changes. Counsel indicated that another judge, prior to plea, rejected a lesser plea bargain and that this rejection by another court tainted the entire proceedings.
Counsel for the Petitioner further noted that the sentencing judge in his comments noted that the petitioner had "six" prior Operating Under the Influence convictions when, in reality, she had only four such convictions.
The petitioner addressed the Division and indicated that she could be a productive member of society.
Counsel for the State agreed that the petitioner had four prior operating under the influence convictions. Counsel indicated that the sentencing judge imposed sentence based on his own information and judgment.
The P.S.I. indicates in relevant part that "It is a record so appalling that she must now be viewed as a clear and consistent threat to the safety of the community and a high risk to offend again.
The sentencing court in his comments indicated a prior offense wherein the petitioner, operating a motor vehicle under the influence, struck a house. The court continued that petitioner "poses an extreme risk to all of us who come within driving distance of wherever she is."
It is clear from a review of the record that nothing short of incarceration prevented this petitioner from operating her motor vehicle contrary to law, either because she was under suspension or under the influence.
There is nothing in the record to indicate that the decision by the sentencing court was other than his own assessment of the case and the penalty to be imposed.
Pursuant to Connecticut Practice Book §
The Division is without authority to modify sentences except in CT Page 10001 accordance with the provision of Connecticut Practice Book §
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 §
The sentence imposed was neither inappropriate or disproportionate.
The sentence is AFFIRMED.
MIANO, J.
KLACZAK, J.
NORKO, J.
Miano, J., Klaczak, J. and Norko, J. participated in this decision.