Posts tagged with "appropriate"

Lengthy Sentence for Cooperative Defendant Convicted of Felony Murder was Proper

In a recent criminal law matter, the Sentence Review Division (Division) of a Superior Court of Connecticut affirmed a petitioner’s sentence following her felony murder conviction.

In this case, the petitioner planned with S and V to rob the victim’s apartment, which contained a safe filled with cash. When they arrived, they broke their way in, overpowered the victim, and confiscated his handgun. They located the safe, but could neither open it nor remove it. At this point, an officer arrived on the scene in response to a citizen complaint, but as he approached the apartment, S shot him with the victim’s handgun. All robbery participants fled the scene, and the officer later died as a result of his wound.

The petitioner was arrested and fully cooperated with officers in the investigation. She pled guilty to felony murder, a violation of Connecticut General Statutes § 53a-54c, which is punishable by up to sixty years’ incarceration, twenty-five of which are mandatory. Upon accepting the plea agreement, the court imposed a total effective sentence of forty-two years.

The petitioner sought modification of her sentence, arguing that it was disproportionate. Counsel highlighted that she was a “key cooperator” – in fact, the only cooperative defendant – so a sentence of thirty years was more appropriate. The petitioner apologized for her actions, admitting she would have to live with the officer’s death for the rest of her life. The State, however, countered that the petitioner was an active participant in the robbery, thus the sentence was fair.

The Division is strictly limited to modifying sentences that it determines are “inappropriate or disproportionate.” It will consider explicit statutory factors: “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.” As applied to this case, the Division noted the petitioner’s active participation in a robbery that resulted in the death of an on-duty police officer. If the petitioner did not cooperate with authorities, her conviction for felony murder could have carried substantially more time. Therefore, the Division affirmed the sentence.

When faced with a charge of robbery or a homicide crime, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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Sentence Imposed was “Fully Merited, Appropriate, and Proportionate,” Division Denies Modification

In a recent criminal law matter, the Sentencing Review Division (Division) of the Superior Court of Connecticut declined to reduce the sentence of a petitioner because the sentence was not inappropriate or disproportionate.

This case arose from an incident that occurred on June 27, 2007. The victim was arriving at her home when she saw the petitioner, who she did not know, run out of her house and promptly drive away. Police located the petitioner, but he would not stop and led them on a high-speed chase before escaping. However, he was tracked down and arrested the next day.

The petitioner was charged and convicted, following a jury trial, of the following counts:

Burglary (Third Degree): maximum of five years of incarceration. If Persistent Serious Felony Offender, then maximum of ten years of incarceration.
Criminal Mischief (Third Degree): maximum of six months in jail.
Engaging Police in Pursuit: maximum one year in jail.
Evading Responsibility: minimum of one year in jail, maximum of five years of incarceration.
Reckless Driving: maximum of thirty days in jail.

Because of his lengthy criminal record and lack of remorse or acceptance of responsibility, the petitioner was sentenced to a total of twelve years of incarceration. He sought a reduced sentence, arguing that he should “not be penalized for exercising his right to a jury trial” and that he deserved a credit for admitting to being a Persistent Serious Felony Offender.

The Division is very limited statutorily in their modification authority to sentences that are “inappropriate” or “disproportionate.” Upon review of this case, the Division believed that the trial court imposed a proper sentence, and noted that there was nothing in the record indicating the petitioner was penalized for going to trial. Rather, “[t]he sentence imposed is fully merited, appropriate and proportionate.” Therefore, the sentence was affirmed.

When faced with a charge of evading responsibility, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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