127 Conn. App. 760
Conn. App. Ct.2011Background
- Defendant Davenport pleaded guilty under the Alford doctrine to one count of risk of injury to a child under § 53-21(a)(2).
- Sentenced on December 2, 2009 to ten years’ imprisonment with ten years’ suspended execution and ten years’ probation; required to register as a sex offender under § 54-251 for ten years.
- Defendant filed a notice of appeal and motions pending appeal; no motion to withdraw plea was ever filed.
- Claim on appeal: trial court failed to comply with § 54-251(a) before accepting the plea by informing him of sex-offender registration and ensuring understanding.
- During plea canvass, the court discussed penalties but did not adequately inform or determine understanding of registration consequences; court’s statements were ambiguous about mandatory registration.
- Court reverses conviction and remands to allow withdrawal of the guilty plea, on plain-error grounds, due to § 54-251(a) noncompliance and its extraordinary harm given defendant’s expressed concern about registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court complied with § 54-251(a) before accepting the plea | Davenport | Davenport | No; court failed to inform and confirm understanding of registration |
| Whether the failure to comply with § 54-251(a) constitutes plain error warranting reversal | Failure was plain and obvious | Plain error should reverse only for manifest injustice | Yes; plain error warranted reversal and remand to permit withdrawal of plea |
Key Cases Cited
- State v. Myers, 290 Conn. 278 (2009) (plain error framework applied in review of defaulted preservation)
- Genovese v. Gallo Wine Merchants, Inc., 226 Conn. 475 (1993) (failure to apply mandatory statute can be plain error)
- State v. Burke, 182 Conn. 330 (1980) (mandatory provisions of statute; plain error concepts)
- State v. Ellis, 32 Conn. App. 849 (1993) (trial court’s failure to comply with rule of practice constitutes plain error)
- State v. Fagan, 280 Conn. 69 (2006) (plain error for extraordinary circumstances in registry context)
- North Carolina v. Alford, 400 U.S. 25 (1970) (recognizes Alford plea basis for guilt while contesting intent)
- Crawford v. Commissioner of Correction, 294 Conn. 165 (2009) (two-step plain-error framework)