State v. Robles
State v. Robles
Opinion
The self-represented defendant, Rolando Robles, appeals from the judgment of the trial court dismissing his motion to correct an illegal sentence. The defendant was convicted, following his guilty pleas made pursuant to the Alford doctrine, 1 of kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), attempt to commit kidnapping in the first degree in violation of General Statutes §§ 53a-49 and 53a-92 (a) (2) (A) and sexual assault in the fourth degree in violation of General Statutes § 53a-73a (a) (2). On appeal, the defendant, raising a number of constitutional and nonconstitutional issues, claims that the trial court improperly concluded that it lacked subject matter jurisdiction to consider his motion to correct an illegal sentence. The defendant's appellate claims, however, challenge the validity of his conviction rather than his sentence or the sentencing proceeding. We conclude, therefore, that the court properly determined that it lacked subject matter jurisdiction. Accordingly, we affirm the judgment of the trial court.
The following facts and procedural history are relevant to our discussion. On August 29, 2007, the defendant appeared before the court, Miano, J. , to enter guilty pleas to the charges pending against him. The defendant intended to plead guilty pursuant to the Alford doctrine. The prosecutor recited the factual bases underlying the charges against the defendant. 2 During the plea canvass, a question arose regarding whether the defendant wanted to plead guilty pursuant to the Alford doctrine or enter a "straight guilty plea to all three of the charges ...." After further discussion, the court accepted the guilty pleas pursuant to the Alford doctrine. On October 17, 2007, Judge Miano sentenced the defendant to fifteen years incarceration, execution suspended after time served, 3 and twenty years probation.
On July 22, 2011, the defendant filed a motion to correct an illegal sentence. That motion was denied on November 10, 2011. On September 3, 2014, the defendant filed another motion to vacate or correct an illegal sentence or, in the alternative, for a writ of error coram nobis.
4
The defendant requested that the court vacate or correct the plea disposition and his sentence pursuant to Practice Book § 43-22,
5
or, in the alternative, issue a writ of error coram nobis. He argued that as a result of the new interpretation of our kidnapping statutes as set forth in
State
v.
Salamon
,
On March 19, 2015, the court, Alexander, J. , issued a memorandum of decision dismissing the defendant's motion. With respect to the Practice Book § 43-22 claim, the court noted that the defendant's arguments essentially challenged the validity of his conviction, and therefore it lacked subject matter jurisdiction. As to the petition for a writ of error coram nobis, the court observed that it lacked subject matter jurisdiction because the petition had been filed untimely. 8
On appeal, the defendant presents a variety of claims, including that the dismissal of his motion to correct an illegal sentence deprived him of his federal and state constitutional rights to due process, that his conviction for kidnapping constituted plain error and that the court abused its discretion and misapplied Practice Book § 43-22. The state counters that the court properly dismissed the defendant's motion because it challenged his convictions and not his sentence or the sentencing proceeding. We agree with the state.
At the outset, we note that the defendant's claims pertain to the subject matter jurisdiction of the trial court, and therefore present a question of law subject to the plenary standard of review.
State
v.
Koslik
,
"The Superior Court is a constitutional court of general jurisdiction. In the absence of statutory or constitutional provisions, the limits of its jurisdiction are delineated by the common law.... It is well established that under the common law a trial court has the discretionary power to modify or vacate a criminal judgment before the sentence has been executed.... This is so because the court loses jurisdiction over the case when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence.... Because it is well established that the jurisdiction of the trial court terminates once a defendant has been sentenced, a trial court may no longer take any action affecting a defendant's sentence unless it expressly has been authorized to act." (Citation omitted; internal quotation marks omitted.)
State
v.
Monge
,
" [Practice Book] § 43-2 embodies a common-law exception that permits the trial court to correct an illegal sentence or other illegal disposition.... Thus, if the defendant cannot demonstrate that his motion to correct falls within the
purview of § 43-22, the court lacks jurisdiction to entertain it.... [I]n order for the court to have jurisdiction over a motion to correct an illegal sentence after the sentence has been executed, the sentencing proceeding [itself] ... must be the subject of the attack.... [T]o invoke successfully the court's jurisdiction with respect to a claim of an illegal sentence, the focus cannot be on what occurred during the underlying conviction." (Citations omitted; internal quotation marks omitted.)
State
v.
St. Louis
,
As previously noted, the defendant has presented this court with several different claims. Distilled to their essence, however, they share a common denominator; that is, the defendant should not have been convicted of the crimes of kidnapping in the first degree and attempt to commit kidnapping in the first degree under our Supreme Court's decision in
State
v.
Salamon
, supra,
Our decision in
State
v.
Brescia
,
Id. at 604-607,
In the present case, all of the defendant's appellate claims originate from his contention that his guilty pleas to the kidnapping charges are invalid as a result of Salamon and its progeny. Similar to the facts of Brescia , the defendant attacks his conviction, and not his sentence or sentencing proceeding, and the trial court, therefore, properly concluded that it lacked jurisdiction. Simply stated, a motion to correct an illegal sentence is not the proper procedural path for the defendant in this case to contest the validity of his guilty pleas following the change to our kidnapping laws. 10
The judgment is affirmed.
In this opinion the other judges concurred.
"Under
North Carolina
v.
Alford
,
Specifically, the prosecutor stated: "[T]hat's an incident that happened on December 15, 2005, and it was in the area of Sigourney Street and Russ Street. The complainant, the victim, was a seventeen year old female. She was on her way to school at Hartford Public High School when this defendant came up from behind her. He grabbed her and had sexual contact placing his hand on her buttocks area and genital area and that was over her clothing. She was able to push him away.
"He followed her. A short distance later and pulled her by the jacket. He attempted to pull her back behind the apartment building, and these were her words, she was able to break free. Her jacket did rip. And she was able to gain freedom. A later identification was made after she filed this complaint and told family members. One family member had seen him. And she ultimately positively identified the defendant as the person who had done this to her.
"The next incident ... that happened five days later on December 20, 2005, in the morning hours, 8:40 in the a.m., near the intersection of Capitol Avenue and Laurel Street. This [incident] involved a sixteen year old female. She was walking to school. She observed the defendant following her. He did catch up with her in that area of Capitol Avenue and Laurel Street. He grabbed her from behind and attempted to pull her or drag her into a fenced area. She also fought back and freed herself after a short scuffle with him."
The court noted that the defendant had served approximately twenty-two months of incarceration.
"A writ of error coram nobis is an ancient common-law remedy which authorized the trial judge, within three years, to vacate the judgment of the same court if the party aggrieved by the judgment could present facts, not appearing in the record, which, if true, would show that such judgment was void or voidable.... The facts must be unknown at the time of the trial without fault of the party seeking relief.... A writ of error coram nobis lies only in the unusual situation [in which] no adequate remedy is provided by law." (Citations omitted; internal quotation marks omitted.)
State
v.
Das
,
Practice Book § 43-22 provides: "The judicial authority may at any time correct an illegal sentence or other illegal disposition, or it may correct a sentence imposed in an illegal manner or any other disposition made in an illegal manner."
In
Salamon
, our Supreme Court concluded that in order for a defendant to commit a kidnapping in conjunction with another crime, he or she must intend to prevent the victim's liberation for a longer period of time or to a greater degree than what is necessary to commit the other crime.
State
v.
Salamon
, supra,
In his brief filed in support of his motion, the defendant noted that he had been "re-sentenced" for violating his probation on two separate occasions.
The defendant did not brief any claims on appeal challenging the dismissal of the petition for a writ of coram nobis.
We note that
State
v.
Brescia
, supra, 122 Conn App. at 607,
We note that the defendant has challenged the validity of his conviction in a separate case that presently is pending before this court. See Commissioner of Correction v. Robles , AC 37686.
Reference
- Full Case Name
- STATE of Connecticut v. Rolando ROBLES
- Cited By
- 11 cases
- Status
- Published