State v. Mukhtaar
State v. Mukhtaar
Opinion
The self-represented defendant, Abdul Mukhtaar, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the trial court abused its discretion in (1) denying his motion to correct an illegal sentence and (2) denying his motion to allow an expert witness to testify. 1 We disagree.
The following facts and procedural history are relevant to this appeal.
2
On February 14, 1996, the defendant shot and killed Terri Horeglad, who was a passenger in a car that had stopped at the intersection of Fairfield and Iranistan Avenues in Bridgeport. The defendant was twenty years old at the time. He subsequently was arrested, charged and, following a jury trial, convicted of murder in violation of General Statutes § 53a-54a. On September 19, 1997, the trial court sentenced the defendant to fifty years imprisonment. On October 21, 2015, the defendant filed a motion to correct an illegal sentence. Relying on
Roper
v.
Simmons
,
After argument on May 25, 2016, the trial court, Devlin, J. , denied the defendant's motion to correct an illegal sentence on the basis that Roper , Graham, and Miller apply only to individuals who were under the age of eighteen at the time of the crime. The court then denied as moot the defendant's motion to allow the expert to testify. This appeal followed.
On appeal, the defendant claims that the trial court improperly denied his motion to correct an illegal sentence on the ground that Miller and its progeny apply only to the sentencing of juveniles. The defendant does not dispute that, at least literally, the jurisprudence applies to juveniles. He claims, however, that the rationale underlying the cases is applicable equally to sentencing of adults whose mentalities at the time of the crime were similar to those of juveniles. He asserts that the trial court misconstrued his argument as relying on the precise holding of Miller when it, in fact, was based on the "brain science" underlying that case. At oral argument before this court, the defendant clarified that he was claiming that his sentence was illegal because he was not afforded a competency hearing. He asserted that he was relying on Miller only to show that he should have been given a competency hearing because his mind had not fully developed at the time of the crime. The state contends that Miller and its progeny do not apply to the defendant because he was older than eighteen at the time of the crime. We agree with the state and note further that the trial court did not misconstrue the defendant's argument. 3
We begin with the relevant standard of review and legal principles. "We review the [trial] court's denial of [a] defendant's motion to correct [an illegal] sentence under the abuse of discretion standard of review.... In reviewing claims that the trial court abused its discretion, great weight is given to the trial court's decision and every reasonable presumption is given in favor of its correctness.... We will reverse the trial court's ruling only if it could not reasonably conclude as it did." (Internal quotation marks omitted.)
State
v.
Logan
,
" Practice Book § 43-22
4
sets forth the procedural mechanism for correcting invalid sentences, and its scope is governed by the common law."
State
v.
Martin M.
,
In
State
v.
Taylor G.
,
"
Miller
logically indicates that, if a sentencing scheme permits the imposition of [a life sentence without parole] on a juvenile homicide offender, the trial court
must
consider the offender's chronological age and its hallmark features as mitigating against such a severe sentence." (Emphasis in original; internal quotation marks omitted.)
State
v.
Riley,
In the present case, the defendant, then twenty years old, was not a juvenile at the time of the crime. The trial court was therefore not required under
Miller
necessarily and expressly to take the defendant's mental state into consideration at sentencing. See
State
v.
Riley
, supra, 315 Conn. at 658,
The United States Supreme Court, however, has expressly restricted
Miller
to apply only to those chronologically under the age of eighteen. See
Miller
v.
Alabama
, supra,
In addition, the "brain science" referenced in
Miller
, upon which the defendant seeks to rely, also emphasized the differences between juveniles and adults. See
Our Supreme Court has used the term "juvenile offenders" under
Miller
to mean those who are under eighteen at the time of the crime. See
State
v.
Taylor G.
, supra, 315 Conn. at 741 n.7,
We emphasize that a Superior Court traditionally loses jurisdiction over a criminal case once the defendant begins serving a sentence; a motion to correct pursuant to Practice Book § 43-22 is an exception. Few categories of claims qualify for consideration under that exception. See, e.g.,
State
v.
Casiano
,
Our law, then, categorically limits review pursuant to
Miller
and its progeny to cases in which the defendant was under the age of eighteen at the time of the crime. In
State
v.
Delgado
,
The judgment is reversed and the case is remanded with direction to dismiss the defendant's motion to correct an illegal sentence.
In this opinion the other judges concurred.
The defendant also claims that the court erred in (3) precluding him from presenting his psychological evaluation report and a study on racial disparity as to sentencing, (4) failing to consider that he was a first-time felon and other mitigating factors, (5) failing to vacate his sentence on the ground that the same judge had presided over his probable cause hearing and his trial, and (6) failing to afford him his rights under the fourteenth amendment to the United States constitution. Our conclusions with respect to claims one and two are dispositive of claims three and six. Claims four and five are not properly before us because the defendant did not raise them in the trial court.
State
v.
Boyd
,
See generally
Mukhtaar
v.
Commissioner of Correction
, supra,
In his motion to correct, the defendant stated that "[b]ased on the retroactivity of everyone challenging their sentence for juvenile justice for competency hearing under Casiano ... [t]he defendant also requests a competency hearing and a hearing/test to see if at [any time] was the defendant competent enough to stand trial and aid in his defense of this murder charge." He concluded that motion by stating, "if you have two defendants who are both charged with the same murder and they both shot the victim to death. But one defendant was [eighteen] years old, and the other defendant is [seventeen] years old and both are sentenced to [sixty] years. How can you give one parole and the other no parole, when brain science supports the fact that neither defendant's brain's frontal lobe was not fully developed?" At oral argument before this court, however, the defendant claimed that the lack of a competency hearing itself rendered his sentence illegal. There is nothing in the record to suggest that the defendant appeared less than competent at sentencing such that the sentencing judge should have held a competency hearing.
As did the trial court, however, we understand the defendant to claim that a competency hearing would have revealed that he qualifies for the sentencing mandates of
Miller
v.
Alabama
, supra,
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."
Reference
- Full Case Name
- STATE of Connecticut v. Abdul MUKHTAAR
- Cited By
- 6 cases
- Status
- Published