Guida v. Commissioner of Correction
Guida v. Commissioner of Correction
Opinion of the Court
This is an appeal by the petitioner, Michael Guida, from the denial of his petition for a writ of habeas corpus challenging, on ex post facto grounds, his ineligibility for supervised home release. The respondent is the commissioner of correction for the state of
The relevant facts, which are undisputed, are as follows. On December 4, 1987, the petitioner was sentenced to a term of imprisonment of sixteen years, suspended after eight years, and five years probation,
Subsequent to the petitioner’s commission of the crime, the legislature adopted General Statutes § 18-100b; see Public Acts 1988, No. 88-244, § 3;
The testimony before the habeas court was that the respondent did not contemplate that a conviction of attempted assault in the first degree, in itself, prevented the consideration of an inmate for the supervised home release program under the amended statute and the regulations. The petitioner, however, had been convicted of an attempt to commit a violation of § 53a-59 (a) (1), a crime that required the imposition of a mandatory minimum sentence of five years. General Statutes § 53a-59 (b).* ****
In his brief, the respondent states that the petitioner’s estimated release date at the time of trial was January 14,1993, and that under the policies in effect in 1987, the petitioner would not have been eligible for consideration for supervised home release until July 19, 1991, a date almost six months later than his eligibility under the amended statute and the adopted regulations. The petitioner did not dispute the respondent’s calculations in either his reply brief or at oral argument. We are, therefore, left with a record that is, to say the least, confusing and unclear as to whether the petitioner was in fact disadvantaged in any way by the amendment of § 18-100b and the regulatory policies of the respondent. See State v. Laracuente, 205 Conn. 515, 520, 534 A.2d 882 (1987), cert. denied, 485 U.S. 1036, 108 S. Ct. 1598, 99 L. Ed. 2d 913 (1988) (appellant’s burden to furnish an adequate record for appeal).
The judgment dismissing the petition is affirmed.
On the same date, the petitioner was sentenced to a concurrent one year sentence for reckless endangerment committed on February 22,1987. That sentence is irrelevant to the petitioner’s claim.
General Statutes § 53a-59 provides in pertinent part: “assault in the first degree: class b felony, (a) A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument . . . .”
General Statutes § 53a-49 provides in pertinent part: “criminal attempt: sufficiency of conduct; renunciation as defense, (a) A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime he: (1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or (2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.”
Public Acts 1988, No. 88-244, § 3, was codified at General Statutes (Rev. to 1989) § 18-100b, which provided: “release of certain PRISONERS INTO SUPERVISED HOME RELEASE PROGRAMS PROHIBITED. Notwithstanding any provision of the general statutes, the commissioner of
“[General Statutes] Sec. 18-100b. release of prisoners to an APPROVED COMMUNITY residence, eligibility, (a) Notwithstanding any provision of the general statutes, the commissioner of correction shall not release from confinement to an approved community residence pursuant to subsection (e) of section 18-100, any prisoner convicted of a capital felony, as defined in section 53a-54b, a class A felony, a class B felony committed while such prisoner was released from confinement to an approved community residence pursuant to subsection (e) of section 18-100, or a violation of section 21a-278,21a-278a, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-58, 53a-59, 53a-70, 53a-70a or 53a-70b, or any prisoner convicted of any other offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court until such time as such prisoner has served such mandatory minimum sentence, or any prisoner convicted and incarcerated for more than one year for a violation of section 21a-277, which offense occurs on or after October 1, 1990, who has previously been convicted and incarcerated for a violation of section 21a-277, 21a-278 or 21a-278a.
“(b) Except as provided in subsection (d) of this section, the commissioner of correction shall not release from confinement to an approved community residence pursuant to subsection (e) of section 18-100 any prisoner who is convicted and incarcerated for an offense which occurs on or after October 1,1991, unless such prisoner has served at least twenty-five per cent of the definite sentence imposed.
“(c) Except as provided in subsection (d) of this section, the commissioner of correction shall not release from confinement to an approved community residence pursuant to subsection (e) of section 18-100 any prisoner who is convicted and incarcerated for an offense which occurs on or after October 1,1992, unless such prisoner has served at least forty per cent of the definite sentence imposed.
“(d) On and after October 1, 1991, and prior to July 1, 1993, the commissioner of correction may petition the advisory commission, established under section 18-87f, to waive the provisions of subsections (b) and (c) of this section requiring a prisoner to serve a minimum percentage of his definite sentence prior to being released to an approved community residence in order to avoid an emergency release of inmates. The advisory commission shall notify the commissioner of correction in writing of the approval of such waiver and such waiver shall remain in effect for thirty days. The commissioner of correction, upon receiving notice of such approval, may
“(e) Notwithstanding any provision of the general statutes, the commissioner of correction shall not release from confinement any prisoner to an approved community residence after June 30, 1993.”
General Statutes § 53a-59 (b) provides: “Assault in the first degree is a class B felony provided any person found guilty under subdivision (1) of subsection (a) shall be sentenced to a term of imprisonment of which five years of the sentence imposed may not be suspended or reduced by the court.”
In Delevieleuse v. Manson, 184 Conn. 434, 437, 439 A.2d 1055 (1981), we held that an issue on appeal may be considered even if resolution can afford no practical relief to the particular appellant if “the issues involved (1) were capable of repetition, yet evading review; (2) affected an ongoing program of the state’s penal system; and (3) could very well affect the plaintiffs should they be convicted in the future.”
The petitioner has since been released from prison on parole and the chance that his status will be affected by a decision in this appeal is ejctremely remote.
Reference
- Full Case Name
- Michael Guida v. Commissioner of Correction
- Cited By
- 2 cases
- Status
- Published