229 Conn.App. 213
Conn. App. Ct.2024Background
- Matthew T. Abramovich pleaded guilty to assault in the third degree (under Alford), violation of a protective order, and criminal trespass in the first degree related to 2020 domestic violence incidents.
- The plea agreement (a Garvin agreement) allowed for a fully suspended sentence contingent upon successful completion of inpatient and outpatient treatment; failure to comply exposed him to a split sentence including incarceration.
- After Abramovich failed to complete the treatment, the court sentenced him to five years in prison, suspended after one year, with three years of probation.
- Abramovich did not object to the sentence at sentencing nor file a motion to withdraw his plea as required by Practice Book §§ 39-26 and 39-27.
- On appeal, acting pro se, Abramovich argued various grounds to withdraw his plea, including ineffective counsel and lack of competency, but failed to properly preserve or brief these claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Withdrawal of guilty plea due to alleged errors | Abramovich argued he was not competent, under duress, received ineffective counsel, and other plea irregularities | State asserted claims were unpreserved and inadequately briefed | Court declined review; claims not preserved, failed to meet briefing standards. |
| Review of unpreserved constitutional claims | Requested extraordinary review of constitutional issues | State maintained procedural requirements not met | Court found record and briefing inadequate to invoke Golding review. |
Key Cases Cited
- State v. Golding, 213 Conn. 233 (framework for review of unpreserved constitutional claims)
- North Carolina v. Alford, 400 U.S. 25 (allows guilty plea with claim of innocence)
- State v. Stevens, 278 Conn. 1 (defines Garvin agreement and its conditional plea structure)
- State v. Reid, 277 Conn. 764 (failure to move to withdraw plea not fatal to review of constitutional claims)
- State v. Childree, 189 Conn. 114 (guilty plea voluntariness can be reviewed first on appeal if it implicates constitutional rights)