State v. Rivera
State v. Rivera
Opinion
*245 The defendant, Jose Rivera, appeals from the judgment of the trial court dismissing his motion to correct an illegal sentence. We are asked to determine whether our state constitution affords greater protection to juvenile homicide offenders than that provided under the federal constitution. On appeal, the defendant claims that (1) the court erred in dismissing the motion to correct an illegal sentence on the ground that it lacked subject matter jurisdiction, (2) the court erred in dismissing the motion to correct an illegal sentence because the mandatory minimum sentence of twenty-five years of incarceration without the possibility of parole imposed on a juvenile homicide offender is unconstitutional under article first, §§ 8 and 9, of the Connecticut constitution, as it prevented the court from sentencing juveniles to less than twenty-five years of incarceration upon due consideration of the Miller factors 1 and (3) the court committed constitutional error when it accepted the defendant's waiver, through counsel, without a canvass, of his right to a presentence investigation report. We disagree with the defendant and, accordingly, affirm the judgment of the trial court dismissing the motion to correct an illegal sentence.
The following facts and procedural history are relevant to the present appeal. On April 5, 1997, the defendant and an accomplice participated in a shooting that *246 resulted in the death of Harry Morales. The defendant was seventeen years old at the time of the shooting.
On June 3, 1999, when the defendant was nineteen years old, he pleaded guilty to murder in violation of General Statutes § 53a-54a and conspiracy to commit murder in violation of General Statutes §§ 53a-48 (a) and 53a-54a. He also pleaded guilty under a different docket number to assault in the first degree in violation of General Statutes § 53a-59 (a) (1). 2 The court, Clifford, J. , sentenced the defendant to the mandatory minimum of twenty-five years of incarceration on the charge of murder, twenty years of incarceration on *265 the charge of conspiracy to commit murder and ten years of incarceration, five of which were the mandatory minimum, on the charge of assault in the first degree, with all sentences to be served concurrently. The total effective sentence imposed by the court was twenty-five years of incarceration. At the time the defendant was sentenced, he was not eligible for parole pursuant to General Statutes § 54-125a (b) (1), which provides in relevant part that "[n]o person convicted of [murder], which was committed on or after July 1, 1981, shall be eligible for parole ...." 3
On October 1, 2014, the defendant filed a motion to correct an illegal sentence pursuant to
*247
Practice Book § 43-22.
4
In his motion, the defendant claimed that his sentence of twenty-five years of incarceration was imposed in an illegal manner because it violated the eighth amendment to the United States constitution as interpreted by
Miller
v.
Alabama
,
On February 11, 2015, the trial court, Alexander, J. , issued a memorandum of decision dismissing the defendant's motion to correct an illegal sentence because it lacked subject matter jurisdiction over the motion. This appeal followed.
After the appeal was filed and briefed, our Supreme Court issued decisions in
State
v.
Delgado
,
*248 I
The defendant first claims that the trial court erred in dismissing the motion to correct an illegal sentence on the ground that it lacked subject matter jurisdiction. We conclude that our Supreme Court's holding in
State
v.
Delgado
, supra, 323 Conn. at 801,
*266
We begin by setting forth our well established standard of review and legal principles that govern our resolution of this claim. "We apply plenary review in addressing this question of law.... The subject matter jurisdiction requirement may not be waived by any party, and also may be raised by a party, or by the court sua sponte, at any stage of the proceedings, including on appeal.... At issue is whether the defendant has raised a colorable claim within the scope of Practice Book § 43-22 that would, if the merits of the claim were reached and decided in the defendant's favor, require correction of a sentence.... In the absence of a colorable claim requiring correction, the trial court has no jurisdiction to modify the sentence." (Citations omitted; internal quotation marks omitted.)
In
Delgado
, the defendant, who was sentenced in 1996 to sixty-five years of incarceration without the possibility of parole for crimes he committed at the age of sixteen, appealed from the judgment of the trial court dismissing his motion to correct an illegal sentence. The issue before the Supreme Court was whether the sentencing court had failed to consider youth related mitigating factors and imposed the equivalent of a life sentence without the possibility of parole in violation of the eighth amendment.
The court next explained that "[t]he eighth amendment [to the United States
*267
constitution], as interpreted by
Miller
, does not prohibit a court from imposing a sentence of life imprisonment with the opportunity for parole for a juvenile homicide offender, nor does it require the court to consider the mitigating factors of
*250
youth before imposing such a sentence.... Rather, under
Miller
, a sentencing court's obligation to consider youth related mitigating factors is limited to cases in which the court imposes a sentence of life, or its equivalent,
without
parole." (Citation omitted; emphasis altered.)
As in
Delgado
, although the defendant here initially was sentenced as a juvenile to twenty-five years of incarceration without the possibility of parole for a homicide offense, he is now eligible for parole pursuant to § 54-125a (f). As explained in
Delgado
, the sentencing court was not required to consider the mitigating factors of youth before imposing such a sentence. Because the defendant's motion to correct fails to state a colorable claim that his sentence of twenty-five years of incarceration was illegal or imposed in an illegal manner, the trial court does not have subject matter jurisdiction to consider the merits of the motion. See
*251
State
v.
McClean
,
The defendant's second claim is that the court erred in dismissing his motion to correct an illegal sentence because a mandatory minimum sentence of twenty-five years of incarceration without the possibility of parole imposed on a juvenile homicide offender is unconstitutional under article first, §§ 8 and 9, of the Connecticut *252 constitution, as it bars the court from sentencing juveniles to less than twenty-five years of incarceration upon due consideration of the Miller mitigating factors of youth. The state responds by arguing that because Miller did not apply to the sentencing procedures in this case, there was no violation of the state constitution. We agree with the state.
The following standard of review and applicable legal principles are relevant to this claim. "Our review of the defendant's constitutional claims is plenary."
State
v.
Williams-Bey
,
"In ascertaining the contours of the protections afforded under our state constitution, we utilize a multifactor approach that we first adopted in
State
v.
Geisler
,
*254
5) persuasive precedents of other states; and (6) contemporary understandings of applicable economic and sociological norms, or, as otherwise described, relevant public policies.... These factors, which we consider in turn, inform our application of the established state constitutional standards-standards that, as we explain hereinafter, derive from United States Supreme Court precedent concerning the eighth amendment-to the defendant's claims in the present case." (Citations omitted.)
State
v.
Santiago
, supra,
A
Federal Precedent
As to the first
Geisler
factor, the mandatory minimum sentence of twenty-five years of incarceration imposed on a juvenile homicide offender does not constitute a cruel and unusual punishment under federal precedent. "The eighth amendment to the federal constitution establishes the minimum standards for what constitutes impermissibly cruel and unusual punishment.... Specifically, the United States Supreme Court has indicated that at least three types of punishment may be deemed unconstitutionally cruel: (1) inherently barbaric punishments; (2) excessive and disproportionate punishments; and (3) arbitrary or discriminatory punishments." (Citation omitted; footnote omitted.)
1
Inherently Barbaric Punishments
The first type of punishment that the United States Supreme Court has recognized as violating the eighth amendment includes the imposition of an inherently barbaric punishment. The prohibition against an inherently barbaric punishment "is directed toward manifestly and unnecessarily cruel punishments, such as
*255
torture and other wanton infliction of physical pain."
In the present case, the defendant does not argue that the imposition of a mandatory minimum sentence of twenty-five years of incarceration on a juvenile was an inherently barbaric punishment. We therefore proceed to determine whether his sentence constitutes an excessive and disproportionate punishment and/or an arbitrary or discriminatory punishment
2
Excessive and Disproportionate Punishments
The second type of punishment that the United States Supreme Court has recognized as violating the eighth amendment is one that is excessive and disproportionate.
*270
Specifically, "the eighth amendment mandates that punishment be proportioned and graduated to the offense of conviction."
State
v.
Santiago
, supra,
In
Roper
v.
Simmons
, supra,
In
Graham
v.
Florida
, supra,
"[I]n
Miller
v.
Alabama
, [supra,
Most recently, the court determined in
Montgomery
v.
Louisiana
, ---U.S. ----,
"The United States Supreme Court, however, also recognized in
Montgomery
the practical limitations in
*258
remedying sentences that violated
Miller
upon its retroactive application. Juvenile offenders whose sentences violate
Miller
upon retroactive application did not have the opportunity to demonstrate the mitigating factors of youth at the time of sentencing. The court emphasized that
this violation of Miller could be remedied by affording those juvenile offenders parole eligibility, thus providing, in the context of Graham, a meaningful opportunity for release
.... The court also emphasized that [g]iving
Miller
retroactive effect ... does not require States to relitigate sentences, let alone convictions, in every case where a juvenile offender received mandatory life without parole. A State may remedy a
Miller
violation by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them. See, e.g.,
"These federal cases recognized that [t]he concept of proportionality is central to the Eighth Amendment. Embodied in the Constitution's ban on cruel and unusual punishments is the precept of justice that punishment for crime should be graduated and proportioned to [the] offense." (Internal quotation marks
*259
omitted.)
Dumas
v.
Commissioner of Correction
, supra,
In the present case, the defendant relies on Roper , Graham and Miller to support his claim that a mandatory minimum sentence of twenty-five years of incarceration *272 imposed on a juvenile homicide offender is cruel under the eighth amendment to the United States constitution. The defendant further contends that the mandatory minimum sentence of twenty-five years of incarceration amounts to a life sentence under Miller .
Applying the recent federal precedent to the present case, we are convinced that the mandatory minimum sentence imposed on the defendant does not rise to the level of a cruel and unusual punishment pursuant to Roper , Graham , Miller and Montgomery . Distinguishable from these federal cases, here, the defendant's sentence does not amount to a life sentence, or its functional equivalent, without the possibility for parole. Rather, in the present case, the defendant is parole eligible pursuant to § 54-125a (f). Specifically, although at the time of sentencing, the crime of which the defendant was convicted made him ineligible for parole, in light of the subsequent passage of P.A 15-84 the defendant is parole eligible. Following Montgomery , the opportunity for parole eligibility "ensures that juveniles whose crimes reflected only transient immaturity-and who have since matured-will not be forced to serve a disproportionate sentence in violation of the Eighth Amendment." Montgomery v. Louisiana , supra, 136 S.Ct. at 736. We emphasize that Miller applies only to life sentences, or its functional equivalent, without the possibility of parole.
After reviewing the foregoing federal precedent, we conclude that the Miller mitigating factors of youth did not apply to the defendant's sentence of twenty-five years of incarceration. Because the defendant is parole *260 eligible, the defendant is not serving a sentence of life imprisonment, nor its functional equivalent, without the possibility of parole. Therefore, as Miller applies only to life sentences, or their functional equivalent, without the possibility of parole , the sentencing court here was not required to consider the Miller youth related mitigating factors.
Accordingly, in relying on the foregoing federal precedent, we are convinced that the mandatory minimum sentence of twenty-five years with the possibility of parole imposed on a juvenile homicide offender does not constitute an excessive and disproportionate punishment under the circumstances of this case.
3
Arbitrary or Discriminatory Punishments
The third type of punishment that the United States Supreme Court has recognized as cruel and unusual under the eighth amendment is a punishment that is "imposed in an arbitrary and unpredictable fashion ...." (Internal quotation marks omitted.)
State
v.
Santiago
, supra,
In particular, the United States Supreme Court previously has rejected a similar argument involving racial bias that impermissibly tainted sentencing decisions, in the context of capital punishment. In
McCleskey
v.
Kemp
,
Therefore, under the federal precedent, the mandatory minimum sentence of twenty-five years of incarceration with the possibility of parole 11 imposed on a juvenile homicide offender does not fall within the three types of punishments that the United States Supreme Court has determined to constitute a cruel and unusual punishment in violation of the eighth amendment. Accordingly, the first Geisler factor does not support the defendant's claim.
B
State Constitutional History
The second
Geisler
factor, the historical approach, in theory, is neutral. In his brief, the defendant acknowledges that Connecticut is a progressive state. He further
*262
explains that at common law, children older than the age of fourteen were treated as adults, which led to the creation of juvenile courts because people were "appalled by adult procedures and penalties, and by the fact that children could be given long prison sentences and mixed in jails with hardened criminals." (Internal quotation marks omitted.) He then discusses the trilogy of the United States Supreme Court cases of
Roper
,
Graham
and
Miller
, followed by our Supreme Court's decisions in
Riley
and
Casiano
v.
Commissioner of Correction
,
In turn, the state, citing
State
v.
Jose C.
, Superior Court, judicial district of New Haven, Docket No. CR-6421185 (March 21, 1996) (
Constitutional Text
In regard to the third
Geisler
factor, we conclude that the relevant constitutional textual approach is neutral. "It is by now well established that the constitution of Connecticut prohibits cruel and unusual punishments under the auspices of the dual due process provisions contained in article first, §§ 8 and 9. Those due process protections take as their hallmark principles of fundamental fairness rooted in our state's unique common law, statutory, and constitutional traditions. Although neither provision of the state constitution expressly references cruel or unusual punishments, it is settled constitutional doctrine that both of our due process clauses prohibit governmental infliction of cruel and unusual punishments."
State
v.
Santiago
, supra,
D
Connecticut Precedents
The fourth
Geisler
factor, the relevant Connecticut precedents, weighs against the defendant's claim. "Specifically, we recognized that, under the state constitution, whether a challenged punishment is cruel and unusual is to be judged according to the evolving standards of human decency ... and that those standards are reflected not only in constitutional and legislative text, but also in our history and in the teachings of the
*264
jurisprudence of our sister states as well as that of the federal courts." (Citations omitted; internal quotation marks omitted.)
State
v.
Santiago
, supra,
The most recent and relevant Connecticut precedents on juvenile sentencing are set forth in
State
v.
Delgado
, supra, 323 Conn. at 810-11,
As discussed in part I of this opinion, our Supreme Court in
Delgado
concluded that once our state legislature affords a juvenile homicide offender the opportunity for parole,
Miller
no longer applies. See
State
v.
Delgado
, supra, 323 Conn. at 810-11,
"In
State
v.
Taylor G.
, [supra, 315 Conn. at 738, 741,
In
State
v.
Riley
, supra, 315 Conn. at 653,
The court further explained that
Miller
applies to discretionary sentencing schemes and term of years sentencing schemes that are the functional equivalent of life without parole.
State
v.
Riley
, supra, 315 Conn. at 655-57,
"Several months after
Riley
was decided, [the] court concluded that the required sentencing considerations identified in
Miller
applied retroactively in collateral proceedings."
State
v.
Delgado
, supra, 323 Conn. at 806-807,
Moreover, in
State
v.
Logan
, supra,
In light of the foregoing decisions recently decided by this state's appellate courts, the legislature in 2015
*269
passed P.A. 15-84 (now codified in part in § 54-125a [f] ), "to respond to
Miller
and
Graham
by providing increased parole eligibility to juvenile offenders."
State
v.
Williams-Bey
, supra,
Even when a defendant was not eligible for parole pursuant to § 54-125a (f), this court has determined that a sentence of thirty-one years of incarceration imposed
*270
on a juvenile homicide offender was not
*278
considered the equivalent of a life sentence and did not require the sentencing court to consider the
Miller
mitigating factors of youth. See
State
v.
Logan
, supra,
E
Sister State Precedents
We next address the fifth
Geisler
factor, which reviews precedent from other states. Regarding this factor, the defendant relies on
State
v.
Lyle
,
*271
First, our Supreme Court in
Taylor G.
15
recently rejected the applicability of
Lyle
to our state jurisprudence.
State
v.
Taylor G
., supra, 315 Conn. at 750-51 n.8,
Therefore, the persuasive precedent from our sister states weighs against the defendant with respect to the fifth Geisler factor.
*280 F
Contemporary Understanding of Applicable Economic and Sociological Norms
The sixth
Geisler
factor involves consideration of the contemporary understandings of applicable economic and sociological norms. "Whether a punishment is disproportionate and excessive is to be judged by the contemporary, evolving standards of decency that mark the progress of a maturing society.... In other words, the constitutional guarantee against excessive punishment is not fastened to the obsolete but may acquire
*274
meaning as public opinion becomes enlightened by a humane justice." (Citations omitted; internal quotation marks omitted.)
State
v.
Santiago
, supra,
As to these "sociological considerations, the laws of Connecticut have changed in several areas throughout our state's history to provide special protections to juveniles. Section 54-125a (f) specifically confers special protection on juveniles, as it applies only to those who were under the age of eighteen at the time they committed their offenses."
State
v.
Williams-Bey
, supra,
*275 For the foregoing reasons, the Geisler factors do not support the defendant's state constitutional claim. We, therefore, conclude that the mandatory minimum sentence of twenty-five years of incarceration imposed on a juvenile homicide offender does not violate article first, §§ 8 and 9, of the Connecticut constitution.
III
The defendant's final claim is that the trial court committed constitutional error when it accepted his waiver, through counsel, of his right to a presentence investigation (report). Specifically, the defendant contends that his sentence is illegal because the court failed to canvass him prior to permitting him to waive the report and that this failure compromised his constitutional rights under Miller , which raised the report to a level of constitutional magnitude as applied to adolescents. We disagree.
The following facts are relevant to our resolution of this claim. During the plea canvass, the defendant affirmed that he had had enough time to discuss the plea with his attorney and that he was satisfied *281 with the legal advice he had received. The defendant further affirmed that he was entering his pleas voluntarily and by his own free will. In addition, the defendant acknowledged that the minimum exposure for murder, conspiracy to commit murder and assault in the first degree was 100 years of incarceration with a mandatory minimum sentence of thirty years of incarceration. Thereafter, the court, Clifford, J. , stated: "You know that this matter has been discussed, and you know that I've indicated, based on your plea of guilty on the charge of murder, I would impose a prison sentence of twenty-five years; do you understand that?" The defendant responded: "Yes, Your Honor."
After canvassing the defendant and accepting the pleas, the court stated that it would waive the report.
*276 In response, defense counsel stated: "Yes, Your Honor, in light of the fact that the court has indicated what the sentence will be, there's no reason to bring him back in eight weeks; he can be sentenced today." The court then asked the defendant if he had anything that he wanted to say, to which he responded in the negative.
In accordance with the agreement, the court sentenced the defendant to twenty-five years of incarceration on the charge of murder, twenty years of incarceration on the charge of conspiracy to commit murder and, ten years of incarceration, five of which were the mandatory minimum, on the charge of assault in the first degree, with all sentences to be served concurrently. The total effective sentence imposed by the court was twenty-five years of incarceration.
We begin by noting that it is not disputed that the defendant did not raise his claim about the presentence investigation report before the trial court or in his motion to correct an illegal sentence, and therefore, he seeks review pursuant to
State
v.
Golding
,
*277 modifying third prong of Golding by eliminating word "clearly" before words "exists" and "deprived").
We conclude that review under
State
v.
Golding
, supra,
The judgment is affirmed.
In this opinion the other judges concurred.
The
Miller
factors refer to the sentencing court's obligation to consider a juvenile's age and circumstances related to age at an individualized sentencing hearing as mitigating factors before imposing a sentence of life imprisonment without parole. See
Miller
v.
Alabama
,
The defendant pleaded guilty pursuant to the
Alford
doctrine to the crimes of murder in violation of § 53a-54a, conspiracy to commit murder in violation of §§ 53a-48 (a) and 53a-54a, and, in a different docket number, assault in the first degree in violation of § 53a-59 (a) (1). See
North Carolina
v.
Alford
,
Although the defendant originally was sentenced to twenty-five years of incarceration without the possibility of parole, with the subsequent passage of No. 15-84 of the 2015 Public Acts (now codified in part in § 54-125a ), the defendant, according to the state, was scheduled to be released on parole on May 21, 2017.
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."
Miller
requires "that a sentencing court consider the defendant's chronological age and its hallmark features as a mitigating factor prior to sentencing a juvenile offender to life without parole or its functional equivalent." (Internal quotation marks omitted.)
State
v.
Williams-Bey
,
Graham
requires that "a juvenile offender serving a life sentence or its functional equivalent is entitled to some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation." (Internal quotation marks omitted.)
State
v.
Williams-Bey
,
The decision in Boyd relied upon the reasoning in Delgado , and, therefore, we address only Delgado.
"Section 1 of No. 15-84 of the 2015 Public Acts, codified at General Statutes [§ 54-125a ], provides in relevant part: (f) (1) Notwithstanding the provisions of subsections (a) to (e), inclusive, of this section, a person convicted of one or more crimes committed while such person was under eighteen years of age, who is incarcerated on or after October 1, 2015, and who received a definite sentence or total effective sentence of more than ten years for such crime or crimes prior to, on or after October 1, 2015, may be allowed to go at large on parole in the discretion of the panel of the Board of Pardons and Paroles for the institution in which such person is confined, provided (A) if such person is serving a sentence of fifty years or less, such person shall be eligible for parole after serving sixty per cent of the sentence or twelve years, whichever is greater, or (B) if such person is serving a sentence of more than fifty years, such person shall be eligible for parole after serving thirty years. Nothing in this subsection shall limit a person's eligibility for parole release under the provisions of subsections (a) to (e), inclusive, of this section if such person would be eligible for parole release at an earlier date under any of such provisions.
"(2) The board shall apply the parole eligibility rules of this subsection only with respect to the sentence for a crime or crimes committed while a person was under eighteen years of age....
"(3) Whenever a person becomes eligible for parole release pursuant to this subsection, the board shall hold a hearing to determine such person's suitability for parole release....
***
"(5) After such hearing, the board shall articulate for the record its decision and the reasons for its decision. If the board determines that continued confinement is necessary, the board may reassess such person's suitability for a new parole hearing at a later date to be determined at the discretion of the board, but not earlier than two years after the date of its decision.
"(6) The decision of the board under this subsection shall not be subject to appeal." (Internal quotation marks omitted.)
State
v.
Delgado
, supra, 323 Conn. at 803 n.1,
In
Ellis
, this court, following
Delgado
, concluded that despite the defendant's originally having faced "the possibility of eighty-one and one-half years incarceration with a mandatory minimum sentence of twenty-five years" when he was sentenced;
State
v.
Ellis
, supra,
On July 10, 2017, our Supreme Court granted the defendant's petitions for certification to appeal from this court's decisions in
State
v.
Williams-Bey
, supra,
"1. Under the Connecticut constitution, article first, §§ 8 and 9, are all juveniles entitled to a sentencing proceeding at which the court expressly considers the youth related factors required by the United States constitution for cases involving juveniles who have been sentenced to life imprisonment without possibility of release? See Miller v. Alabama , [supra,567 U.S. at 460 ,132 S.Ct. 2455 (2012) ]?
"2. If the answer to the first question is in the affirmative and a sentencing court does not comply with the sentencing requirements under the Connecticut constitution, does parole eligibility under General Statutes § 54-125a (f) adequately remedy any state constitutional violation?" State v. Williams-Bey ,326 Conn. 920 , 921, --- A.3d ---- (2017).
Under the provisions of the effective § 54-125a (f) (1) (A) and (B), juveniles sentenced to more than ten years of incarceration are parole eligible after serving 60 percent of their sentence or twelve years, whichever is greater, if they are serving a sentence of fifty years or less; if they are serving a sentence of more than fifty years, they are parole eligible after serving thirty years.
"See
Fisher
v.
Haynes
, United States District Court, Docket No. [C15-5747BHS],
In
State
v.
Williams-Bey
, supra,
Article I, § 17, of the Iowa constitution provides: "Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted."
We note that our Supreme Court in Taylor G. did not determine this case under the Geisler factors because there was no state constitutional claim being challenged therein.
We note that with respect to this claim, the defendant argues that General Statutes § 54-91g (b) prohibits the waiver of a presentence investigation or report as to a juvenile convicted of a class A or B felony, which applied to his conviction. We disagree. The text of P.A. 15-84, § 2, codified as amended at § 54-91g, does not support such an assertion.
Our Supreme Court addressed the issue of retroactivity in the context of § 54-91g in
State
v.
Delgado
, supra, 323 Conn. at 801,
Rather, "the pertinent legislative history clarifies that the legislature did not intend for this provision to apply retroactively. The limited discussion on this topic occurred before the Judiciary Committee. Attorney Robert Farr, a member of the working group of the Connecticut Sentencing Commission, which helped craft the proposed legislative language, discussed how the legislation would affect previously sentenced individuals. See Conn. Joint Standing Committee Hearings, Judiciary, Pt. 2, 2015 Sess., pp. 949, 955-56. He first mentioned this court's decision in
Riley
, in which the defendant in that case had been sentenced to 100 years in prison and then resentenced, and noted that, under the proposed legislation, instead of having to worry about resentencing what would have happened is in [thirty] years, [twenty-one] years from now there will be a parole hearing and then that parole hearing would decide whether [the defendant in
Riley
] was going to be-get another parole hearing.... So it gave some resolution to this which was consistent we believe with the federal-with the [United States] Supreme Court cases." (Internal quotation marks omitted.)
State
v.
Delgado
, supra, at 814-15 n.9,
Reference
- Full Case Name
- STATE of Connecticut v. Jose RIVERA
- Cited By
- 9 cases
- Status
- Published