Gaymon v. Commissioner of Correction
Gaymon v. Commissioner of Correction
Opinion of the Court
Opinion
This is the appeal of the petitioner, Joseph Gaymon, from the judgment of the habeas court rejecting his claims that his trial counsel rendered ineffective assistance and that the trial court was without jurisdiction to sentence him after he pleaded guilty to one count of possession of narcotics with intent to sell
To prevail on a claim of ineffective assistance of counsel, a petitioner must demonstrate prejudice; that is, “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 694, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); see also Ham v. Commissioner of Correction, 301 Conn. 697, 704, 23 A.3d 682 (2011) (“[a] court can find against a petitioner, with respect to a claim of ineffective assistance of counsel, on either the performance prong or the prejudice prong, whichever is easier”). The petitioner’s claim is that he thought he was pleading guilty under the long form information, which was ultimately withdrawn, not the short form information. There is no dispute, however, that the petitioner intended to plead guilty to a violation of § 21a-278 (b), which was the first count on both informations. Therefore, the petitioner cannot show that the result
The petitioner’s second claim is that the court was without jurisdiction to sentence him because a valid charging document was not in existence by the conclusion of the plea canvass. This contention, however, was rejected as a factual matter by the habeas court as well as the court that ruled on the petitioner’s motion to correct an illegal sentence. See Milner v. Commissioner of Correction, 63 Conn. App. 726, 735, 779 A.2d 156 (2001) (habeas court’s factual findings not disturbed by this court unless they are clearly erroneous).
The judgment is affirmed.
Pursuant to Practice Book § 39-29, “[a] prosecuting authority shall have the power to enter a nolle prosequi in a case.”
“The effect of a nolle prosequi is to end pending proceedings without an acquittal and without placing the defendant in jeopardy.” State v. Lloyd, 185 Conn. 199, 201, 440 A.2d 867 (1981).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.