Posts tagged with "Sentence Review Division"

Sentence Imposed Following Voluntarily Plea Agreement in Larceny Case Was Proper, Modification Unwarranted

In a recent criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut declined to modify a petitioner’s sentence because it was neither inappropriate nor disproportionate.

In this case, the petitioner had three minor children and received $48,300 over the course of three years from the Department of Social Services (DSS) to pay for daycare. However, a subsequent DSS investigation revealed that she instead gave the money to a friend, who could not have provided such services because she was otherwise employed.

The petitioner was charged with larceny in the first degree by defrauding a public community, which violated Connecticut General Statutes § 53a-122(a)(4). She accepted a plea agreement, but first had the opportunity to make restitution payments; she failed to do so. During the presentencing investigation (PSI), the petitioner “minimized her larcenous conduct and suggested the DSS had failed to fully inform her about its rules regarding the use of the child care funds.” She was sentenced to ten years’ incarceration, execution suspended after four years, with five years of probation, and subsequently sought a reduction.

The Division is severely restricted regarding criminal sentence modification to instances where it is either inappropriate or disproportionate. In this case, it noted that the petitioner’s sentence was “within the parameters of an agreement that she accepted pursuant to her voluntarily plea of guilty.” In conjunction with the nature of her crime, PSI comments, and failure to make any restitution payments, the Division determined the sentence was proper, and affirmed.

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.

Written by Lindsay E. Raber, Esq.

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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Defendant’s “Dastardly Overall Scheme of Personal Greed” Did Not Warrant Sentence Modification

In a previous article, the petitioner was convicted of arson in the first degree, larceny in the first degree, insurance fraud, and conspiracy after burning down his home and receiving nearly $400,000 from insurance payouts. For his crimes, he was sentenced to a total effective sentence of thirteen years of incarceration (upwards up thirty-three years if he violated probation). Approximately one year after conviction, the petitioner sought downward modification of his sentence, claiming it was inappropriate and disproportionate.

In front of the Sentence Review Division (Division), counsel for the petitioner argued that his client was of good moral character. He highlighted the petitioner’s substantial consecutive work history and lack of a criminal history prior to this incident. Therefore, counsel stated that a ten-year sentence was proper. The State, however, objected to modification, noting “both the seriousness of the offense and the ample evidence to convict.” In addition, the State argued that emergency personnel could have been injured as a result of the fire intentionally set by the defendant.

Pursuant to the Connecticut Practice Book § 43-23 et seq., the Division has authority to modify sentences only upon a showing that they are:

[I]nappropriate or disproportionate in light of 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.

The court that originally sentenced the defendant characterized the defendant’s actions as a “two-part crime; the torching of the home and the bilking of the insurance company.” Such conduct was “part of a dastardly overall scheme of personal greed.” The Division credited the defendant’s fortune that no one was injured during this incident, but nonetheless agreed that the sentence was neither inappropriate nor disproportionate.

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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In Case Where Employee Abused Her Position to Embezzle Substantial Funds, Modification of Sentence Was Denied

In a recent criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut affirmed the sentence of a petitioner who stole money from her employer.

In this case, the petitioner had a criminal history involving embezzlement, larceny, forgery, and substance abuse. Despite knowledge of this past, the director of a non-profit organization hired the petitioner as its bookkeeper and office manager to give her a chance at an honest living. In this position, the petitioner had “unfettered access” to financial accounts belonging to the organization and director. Subsequently, various employees at the organization complained they were not being timely paid, and the director discovered not just an IRS tax lien on the organization’s assets, but a $20,000 unauthorized withdrawal from her personal account. Police investigated these financial irregularities and questioned the petitioner, and found that she had stolen at least $134,000.

At trial for larceny in the first degree, the defendant entered into a guilty plea. She asked that her sentence be fully suspended and she be allowed to participate in an alternative to incarceration plan, but the court instead imposed twelve years of incarceration. The petitioner sought downward modification, arguing that her sentence was inappropriate and disproportionate compared to those who committed similar crimes. She asserted that she “cooperated with the police investigation, [was] contrite, willing to make restitution and was employed at the time of sentencing.”

The State opposed modification due to the defendant’s history of committing similar crimes. It noted how the defendant embezzled funds from a former employer, for which she received a five-year suspended sentence, and then violated her probation. The organization’s director also objected, stating that the sentence was proper because the petitioner “abused her position of trust, is unrepentant, and has caused a great deal of suffering.” The Division declined to reduce the sentence, finding that under applicable statutes, it was neither inappropriate nor disproportionate. Indeed, the twelve-year sentence was within the parameters of the guilty plea, and the Division agreed with the trial court that “[i]t would stand justice on its head if I were to give you another suspended sentence after you already had one.”

When faced with a charge of larceny, 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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“The Fact That You Were An Attorney, Sir, Makes the Crime Worse,” Sentence Review Division Denies Modification Request

In a recent criminal law matter, the Sentence Review Division (Division) of the Superior Court of Connecticut declined to modify a defendant’s sentence because it was neither inappropriate nor disproportionate.

In this case, the petitioner, an attorney, was hired by the complainants to provide services related to the sale of their home. The complainants gave him nearly $111,000 to pay off their mortgage, but the money was never tendered to the bank. The petitioner was charged with larceny in the first degree, a violation of General Statutes § 53a-122 with a maximum punishment of twenty years incarceration. He entered into a plea agreement, and the court sentenced him to twelve years incarceration, execution suspended after four years, with five years of probation and special conditions, including restitution.

The petitioner sought a sentence reduction in light of his practice as an attorney aiding minorities, arguing that the sentence he received as inappropriate and disproportionate. When the Division reviews a sentence, it is without authority to modify unless the sentence is “inappropriate or disproportionate” when considering such factors as the nature of the offense and the character of the offender. In this case, the Division found that the trial court properly considered mitigating aspects of the petitioner’s background. It also noted, however, that he previously misappropriated a quarter of a million dollars of funds entrusted to him from a client. Citing the trial court:

The fact that you were an attorney, sir, makes the crime worse, not simply because you were a lawyer who committed a crime, but you committed a crime out of the breach of the very trust that was placed in you by your clients, and that is an aggravating factor.

The Division held that modification was not warranted in this case where “an attorney embezzled substantial funds from clients and the prior criminal history of the petitioner… reflects the same type of criminal behavior.” It additionally noted that the petitioner never paid restitution to the victims between the time he entered into the plea agreement and sentencing. Therefore, the sentence was affirmed.

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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