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175 Conn. App. 599
Conn. App. Ct.
2017
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Background

  • Defendant Chandra Bozelko convicted after jury trial of multiple felonies and misdemeanors (identity theft, credit‑card fraud, larceny, forgery) arising from four incidents; sentenced December 7, 2007 to an effective 10 years, execution suspended after 5, plus probation.
  • Defendant later filed a motion to correct an illegal sentence, alleging the presentence investigation report (PSI) used at sentencing contained material misrepresentations — specifically that she refused to cooperate with the PSI interview — and that the sentencing court relied on that misinformation, violating due process.
  • On remand from this Court, the trial court held an evidentiary hearing (multiple days in 2015–2016) and received testimony from the probation officer (Lisa Gerald), defense counsel (D’Amato), and a mitigation specialist (Roberts). Probation officer conceded she prepared a partial PSI without the defendant’s input because sentencing was not continued; she denied thinking defendant was engaging in delay tactics.
  • Defense counsel presented mitigating facts at sentencing (no prior criminal record, nonviolent offenses, full restitution, mental health history, education, caregiver role); defendant declined to speak at sentencing and did not identify PSI inaccuracies on the record.
  • Trial court (Arnold, J.) found defendant failed to prove the sentencing judge actually relied on inaccurate or misleading PSI information and denied the motion. Appellate court affirms.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Bozelko) Held
Whether sentencing was imposed in an illegal manner because the PSI contained materially inaccurate information PSI inaccuracies must be proven to have been relied on; state argues defendant did not prove actual reliance or materiality Probation officer misrepresented that defendant refused to cooperate with the PSI; that misrepresentation was material and the court must have relied on it Denied — defendant failed to prove the misinformation was material or that the sentencing court gave it specific weight or relied on it
Whether the sentencing court precluded defendant from presenting mitigation by refusing to consider PSI cooperation dispute State: court allowed mitigation and counsel presented mitigating facts; defendant had opportunity to speak Bozelko: court’s remark about not entertaining arguments on PSI cooperation effectively prevented mitigation, prejudicing her Denied — record shows counsel and defendant had opportunity; mitigating factors were presented and defendant declined to speak further
Whether defendant was prevented from proving what PSI portions the sentencing court relied on because Judge Cronan could not be subpoenaed State: defendant failed to seek articulation to clarify what court relied on; burden on defendant to prove reliance Bozelko: inability to subpoena sentencing judge made it impossible to prove reliance at evidentiary hearing Denied — defendant did not file motion for articulation; burden remained on defendant to show reliance
Standard for reversal of motion to correct illegal sentence State: trial court’s factual findings after hearing entitled to deference; require abuse of discretion to overturn Bozelko: contends trial court erred in denying motion despite evidence of PSI misstatement Affirmed — review for abuse of discretion; trial court’s conclusion that defendant failed to meet burden was reasonable

Key Cases Cited

  • State v. Parker, 295 Conn. 825 (2010) (due process bars sentencing on materially untrue or unreliable information)
  • State v. Charles F., 133 Conn. App. 698 (2012) (defendant must show misinformation was materially inaccurate and that judge actually relied on it; actual reliance requires explicit attention or specific consideration)
  • State v. Koslik, 116 Conn. App. 693 (2009) (defendant’s failure to file motion for articulation can hinder proof of what the sentencing court relied on)
  • State v. Bozelko, 154 Conn. App. 750 (2015) (prior appellate remand limited to whether sentencing court relied on misleading or inaccurate PSI information)
Read the full case

Case Details

Case Name: State v. Bozelko
Court Name: Connecticut Appellate Court
Date Published: Aug 15, 2017
Citations: 175 Conn. App. 599; 167 A.3d 1128; 2017 Conn. App. LEXIS 333; 2017 WL 3474730; AC39466
Docket Number: AC39466
Court Abbreviation: Conn. App. Ct.
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