State v. CHARLES F., 36 A.3d 731

defendant charged with possession of child pornography in the first degree; plea entered Alford on June 3, 2008
presentence investigation report prepared after sentencing date; report contained statements about offender's wishes and family comments
defendant asserted untimely receipt of the report (forty-eight hours before sentencing) affected ability to correct inaccuracies
three asserted inaccuracies: offender's version not included; daughter’s statement about victim in pending case; prosecution's claim of thirty felonies
sentencing occurred September 19, 2008; June 1, 2010 defendant moved to correct illegal sentence under Practice Book § 43-22; motion denied after a June 11, 2010 hearing

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had jurisdiction to hear the § 43-22 motion	State argues lack of jurisdiction	Defendant argues court had jurisdiction to correct illegal sentence	Court had jurisdiction over the motion
Whether sentence relied on inaccurate information	Defendant claims specific report inaccuracies were relied upon	State alleges no reliance on inaccuracies	Sentence not based on the challenged inaccurate information; no abuse of discretion

State v. Parker, 295 Conn. 825 (2010) (limits of jurisdiction for correcting illegal sentences; reliance on information)
State v. McNellis, 15 Conn.App. 416 (1988) (illegality defined; distinction between illegal sentence and illegal manner)
State v. Osuch, 124 Conn. App. 572 (2010) (motion under § 43-22 based on inaccurate sentencing information; court jurisdiction)
Richardson v. Commissioner of Correction, 298 Conn. 690 (2010) (subject matter jurisdiction; standard for reviewing jurisdictional questions)
Johnson v. Commissioner of Correction, 258 Conn. 804 (2002) (threshold jurisdiction issue presented on appeal)