150 Conn.App. 383
Conn. App. Ct.2014Background
- Defendant Tyrice D. Edge was charged in September 2011 with first-degree sexual assault, fourth-degree sexual assault, and risk of injury to a child, while on probation from a prior narcotics sentence.
- On May 11, 2012, Edge pled guilty to one count of risk of injury to a child under the Alford doctrine, with sentencing of 18 years, suspended after 5 years, and 10 years of probation.
- The court canvassed Edge at the plea and sentenced him in accordance with the plea agreement after waiving presentence investigation.
- Edge filed a motion to withdraw his guilty plea on May 21, 2012; a hearing was held June 27, 2012, where arguments included lack of knowledge of withdrawal rights and alleged medication-related impairment at the time of plea.
- The trial court dismissed the motion, concluding it lacked jurisdiction to entertain the withdrawal motion, and Edge appealed.
- The appellate court affirmed, holding that the trial court properly concluded it lacked jurisdiction to address the motion to withdraw the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to hear Edge’s motion to withdraw the guilty plea | Edge | State | Court lacked jurisdiction; motion properly dismissed |
Key Cases Cited
- State v. Das, 291 Conn. 356 (2009) (jurisdiction terminates with sentence absent contrary rule)
- State v. Reid, 277 Conn. 764 (2006) (jurisdiction does not continue indefinitely after sentence absent statutory rule)
- Cobham v. Commissioner of Correction, 258 Conn. 30 (2001) (sentence termination ends trial court's jurisdiction to take action affecting sentence)
- State v. DeVivo, 106 Conn. App. 641 (2008) (subject-matter jurisdiction is a question of law, reviewed de novo)
- North Carolina v. Alford, 400 U.S. 25 (1970) (guilty plea despite lack of admission of guilt to avoid trial)