State v. Wade
State v. Wade
Opinion
The defendant, Sidney Wade, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the court improperly concluded that his resentencing did not give rise to a double jeopardy violation. We affirm the judgment of the trial court.
The following procedural history is relevant to the present claim. Following a jury trial, the defendant was convicted of two counts of sale of narcotics by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), two counts of possession of narcotics with intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), and one count of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (3). For each of the sale of narcotics counts, the court, D'Addabbo, J. , imposed a sentence of seven years of imprisonment. For each of the possession of narcotics counts, the court imposed a sentence of seven years of imprisonment. For these four counts, the court ordered the sentences to be served concurrently. For the manslaughter in the first degree count, the court imposed a sentence of eighteen years of imprisonment. The court ordered the sentence for the manslaughter count to be served consecutive to the sentences imposed with respect to the other counts. This resulted in a total effective sentence of twenty-five years of imprisonment.
In a direct appeal to this court, the defendant claimed that the evidence did not support the conviction for manslaughter in the first degree and that the trial court improperly had instructed the jury with respect to the state's burden of proof and the presumption of innocence. See
State
v.
Wade
,
Id., at 469-75,
In compliance with this court's remand, the trial court, D'Addabbo, J. , held a resentencing hearing. The trial court vacated the sentences it had imposed on all counts in the judgment and modified the judgment to reflect a conviction of the four narcotics related counts that were affirmed by this court as well as manslaughter in the second degree. The trial court resentenced the defendant by imposing a total effective sentence of twenty-three years. It restructured the original sentence by increasing the concurrent terms of imprisonment on the four narcotics related counts from seven years each to thirteen years each. The court ordered that these four sentences be served consecutively to a ten year term of imprisonment for the manslaughter in the second degree conviction.
Following his resentencing, the defendant appealed to this court. Our Supreme Court transferred the appeal to itself pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. Before our Supreme Court, the defendant claimed that "(1) the trial court improperly resentenced him on all of his convictions because [this court's] order directed resentencing only on the reversed count; (2) the aggregate package theory, adopted by [our Supreme Court] in
State
v.
Miranda
,
In February, 2015, the defendant filed a motion to correct an illegal sentence. Although he raised additional arguments that he later abandoned before the trial court, he argued that the newly imposed sentence was illegal because (1) the court violated his right to due process as guaranteed by the federal and state constitutions by altering the sentences on the narcotics related counts without the statutory authority to do so; (2) the court violated the prohibition against double jeopardy enshrined in the federal and state constitutions by altering the sentences on the narcotics related offenses without the statutory authority to do so; and (3) the court altered the sentences on the narcotics related offenses in the absence of factual findings as required by
Apprendi
v.
New Jersey
,
In the present appeal, the defendant challenges only that part of the court's decision in which it rejected his double jeopardy claim. In its memorandum of decision, the court addressed the double jeopardy claim as follows: "The defendant's second claim is that the reopening of his drug convictions for purposes of resentencing violated the double jeopardy clauses of the United States constitution and the Connecticut constitution. This claim lacks merit for the simple reason that the Appellate Court in
State
v.
LaFleur
,
Before the trial court, the defendant argued that the resentencing court violated his double jeopardy rights because he had an expectation of finality in the sentences imposed by the first sentencing court with respect to the narcotics related charges. A defendant properly may raise a double jeopardy claim in the context of a motion to correct an illegal sentence. See, e.g.,
State
v.
Starks
,
State
v.
Baker
,
In his brief before this court, the defendant reiterates his belief that it was improper for the court to have reopened and resentenced him with respect to the narcotics related charges. He argues that he had an "expectation of finality in the sentences imposed on the narcotics convictions when those convictions were affirmed and the state had no authority to seek further review of those convictions or sentences." The defendant does not attempt to distinguish LaFleur or Tabone in any meaningful way, 3 and acknowledges that "the courts of this state have otherwise been fairly consistent in finding that no double jeopardy problem exists with respect to the aggregate package theory of sentencing." Rather than attempting to demonstrate that the court either misinterpreted or misapplied the law, the defendant devotes much of his analysis to reviewing what he believes are relevant decisions of the United States Supreme Court, yet he acknowledges that there is support in that body of law "for the proposition that an aggregate package theory of sentencing does not violate double jeopardy." 4
In exercising our plenary review, we, like the trial court, view
LaFleur
to be controlling precedent with respect to the defendant's double jeopardy claim. Our Supreme Court has already rejected the defendant's claim that the resentencing court improperly sentenced him under the aggregate package theory. See
State
v.
Wade
, supra,
The judgment is affirmed.
In this opinion the other judges concurred.
At trial, the state presented evidence demonstrating that the defendant illegally provided the victim with prescription drugs, specifically, Methadose pills (a drug commonly used to treat heroin addiction ) and lollipops containing fentanyl (a narcotic drug commonly used by cancer patients to relieve pain).
State
v.
Wade
, supra,
Under the aggregate package theory of sentencing, when a multicount conviction is remanded for resentencing after one or more convictions has been vacated on appeal, the trial court may, in its discretion, increase the sentences imposed on the remaining counts provided that the original total effective sentence is not exceeded. See
State
v.
Raucci
,
In his brief, the defendant observes that, in
Tabone
, our Supreme Court stated in relevant part: "The defendant has challenged only the legality of his sentences, not the validity of his conviction. Consequently, the trial court was free to refashion the entire sentence for each of the crimes within the confines of the original package without violating double jeopardy, as long as the entire sentence had not been fully served."
State
v.
Tabone
, supra,
We disagree with the defendant's narrow interpretation of
Tabone
. As the defendant acknowledges, immediately following the language on which he relies, the court in
Tabone
quoted
State
v.
Miranda
, supra,
As part of his arguments before this court, the defendant relies to a great extent on
United States
v.
DiFrancesco
,
The defendant's argument is not persuasive. Where, as here, a defendant has challenged the validity of his multicount conviction on direct appeal, he is unable thereafter to claim an expectation of finality in the sentences imposed. Consistent with overwhelming federal authority, our courts have recognized that, in such circumstances, "the defendant, in appealing his conviction and punishment, has voluntarily called into play the validity of the entire sentencing package ...."
State
v.
Raucci
,
Reference
- Full Case Name
- STATE of Connecticut v. Sidney WADE
- Cited By
- 6 cases
- Status
- Published