State v. Vaughn, No. Cr6-283301 (Nov. 25, 1992)
Opinion of the Court
Date of Sentence January 6, 1989 Date of Application January 6, 1989 Date Application Filed January 6, 1989 Date of Decision October 27, 1992
Application for review of sentence imposed by the Superior Court, Judicial District of New Haven. Docket No. CR6-283301;
James A. Shanley, Defense Counsel, for Petitioner
Robert O'Brien, Assistant State's Attorney, for the State.
BY THE DIVISION
Ralph Vaughn received a sentence of ten (10) years for violation of Conn. Gen. Stat.
This twenty-six year old has a criminal record which goes back to 1979. At the time of this offense he was on probation although his first reporting date had not yet arrived when he was arrested. His sentence was half the maximum penalty and twice the minimum mandatory sentence. It is the minimum mandatory portion of the statute which is the focus of the petitioner's claim. He argues that had his attorney informed him of the five-year minimum for non-drug dependent persons he would have offered evidence of his drug dependency. This argument was presented at sentencing and petitioner raises it now before the CT Page 10594 division. His attorney argues that his client would have negotiated a plea agreement under Conn. Gen. Stat.
The state urges us to refrain from modification of the sentence as it was fair for a person of his criminal background and in light of the potential maximum sentence of twenty (20) years.
The division does not serve in the capacity of a habeas court and our appellate authority is limited to reconsideration of the sentence. Our review is defined in P.B. Sec. 942 and Conn. Gen. Stat.
The sentence is affirmed.
Stanley Purtill Norko
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