126 Conn. App. 706
Conn. App. Ct.2011Background
- Fulton pled guilty June 10, 2005 to six offenses in Fairfield: three forgery counts and three larceny counts, under a plea agreement with sentencing set for July 25, 2005.
- The plea agreement conditioned potential sentencing on restitution of $4800 by sentencing; paying would yield a low-end sentence of 10 years suspended after 4 with 5 years probation.
- Garvin canvass warned that if he failed to appear with restitution, the agreement could be bindingly abrogated and harsher sentences could be imposed.
- On July 25, 2005, Fulton was hospitalized; sentencing was continued to July 26, 2005 and then to August 11, 2005; he failed to appear for sentencing.
- Between Aug and Dec 2005 Fulton was arrested on warrants from Stamford and for failure to appear; on December 13, 2005 Judge Reynolds imposed a total effective sentence of 14 years on the June 2005 plea matters, after finding violation of the agreement.
- Fulton filed an amended habeas petition September 11, 2009 alleging due process violation due to sentencing before the January 4, 2006 date and restitution timing; the habeas court denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas court abused its discretion on certification claim | Fulton argues 43-10 rights were violated | Respondent contends no abuse given lack of raised issue in petition | No abuse; claim not properly raised in habeas petition and review barred per record |
| Whether due process was violated by sentencing before the scheduled date | Fulton claims earlier sentencing affected restitution and fairness | Garvin breach allowed court to sentence within statutory bounds regardless of restitution | No due process violation; agreement breached by Fulton; court could impose any sentence permitted by statute |
| Whether the petition raised issues beyond the habeas court’s scope | Issues properly before habeas court | Not addressed due to procedural posture | Issue not reviewable; affirmed dismissal for lack of raised issues |
Key Cases Cited
- State v. Garvin, 242 Conn. 296 (1997) (Garvin framework for conditional plea agreements)
- State v. Rosado, 92 Conn.App. 823 (2006) (fundamental fairness in plea promises; fulfill promises or permit withdrawal)
- Satchwell v. Commissioner of Correction, 119 Conn.App. 614 (2010) (claims not raised in petition not reviewable by appellate court)
- Lewis v. Commissioner of Correction, 116 Conn.App. 400 (2009) (abuse of discretion standard for certification to appeal)
- Wheatland v. Wheatland, 93 Conn.App. 232 (2006) (trial court authority to impose Garvin-nonconforming sentence upon violation)