State v. Francis, 146 Conn. App. 448

Defendant Quince A. Francis pleaded guilty in 2003 to first‑degree robbery and received 14 years, execution suspended after seven, plus five years probation beginning April 27, 2009. Probation conditions included random drug screening and no criminal law violations.
June 29, 2010: Francis admitted a probation violation from a domestic incident; probation continued with added no‑violence and family violence education conditions.
November 29, 2010: Francis tested positive for marijuana on a required urinalysis.
December 15, 2010: Francis allegedly assaulted his wife, Amy Malachi, choking her, threatening to kill her, and causing injuries that required sedation, intubation, and a three‑day ICU stay. He was arrested and charged with violating probation (three counts: positive drug test, assault/breach of peace/protective order violation, and interfering with an officer).
After an evidentiary hearing the trial court found probation violations, revoked probation, and imposed the remaining seven years of the original sentence; Francis appealed.
During the pendency of this appeal, on November 30, 2011, Francis entered an Alford plea to second‑degree assault arising from the December 15 assault and did not timely appeal that conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court clearly erred in finding Francis violated probation by assaulting Malachi	State: facts support finding of assault and violation	Francis: factual findings (assault) were clearly erroneous	Moot as to assault finding—defendant later pleaded guilty to same conduct, conclusively establishing it
Whether the court clearly erred in finding Francis violated probation by testing positive for marijuana	State: positive urinalysis established violation	Francis: contesting correctness of that finding	Court declined to review because one established violation (assault) is sufficient to support revocation
Whether the court clearly erred in finding Francis interfered with an officer	State: testimony supported interference finding	Francis: contesting that finding as erroneous	Court declined to review for same reason as above
Whether the court abused its discretion in revoking probation and imposing seven years to serve	Francis: sentence was an abuse of discretion	State: revocation and incarceration justified by violent, escalating conduct and lack of rehabilitative benefit	No abuse of discretion; court properly balanced rehabilitation and public safety and relied on gravity of violent conduct and probation officer testimony

State v. T.D., 286 Conn. 353 (mootness and effect of subsequent conviction on probation‑violation appeals)
State v. Benjamin, 299 Conn. 223 (probation revocation may rest on established criminal conviction)
State v. Singleton, 274 Conn. 426 (subsequent conviction renders probation‑violation appeal moot)
State v. Wells, 112 Conn. App. 147 (one proven violation suffices to revoke probation)
State v. Rodriguez, 130 Conn. App. 645 (standard of review and factors for revocation sentencing)
State v. Alexander, 269 Conn. 107 (plenary review for jurisdictional mootness questions)
State v. Guzman, 110 Conn. App. 263 (definition of armed robbery under § 53a‑134(a)(2))
North Carolina v. Alford, 400 U.S. 25 (Alford plea doctrine)