148 Conn. App. 537
Conn. App. Ct.2014Background
- Defendant Francis Gaffney pled guilty under the Alford doctrine to felony murder and kidnapping in 1989; sentence: 60 years for felony murder and 25 years for kidnapping, 60 years total concurrent.
- He filed a 2012 motion to correct an illegal sentence, arguing felony murder is unclassified and sixty years impermissible.
- Court denied the motion, prompting this appeal challenging the legality of the felony murder sentence.
- The Supreme Court’s Adams decision held felony murder is a murder and a class A felony, punishable by 25 years to life; Miller followed by holding felony murder is not unclassified.
- The appeal contends the sentence was illegal under those authorities; the state argues the sentence was proper under the classification of felony murder as murder.
- The defendant also asserts a due process claim claiming lack of notice of maximum penalty and a plain error challenge to the plea-based sentence, which the court addresses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is felony murder a class A felony and validly punishable by 60 years? | Gaffney argues felony murder is unclassified and not subject to a 60-year cap. | State contends felony murder is a murder under §53a-54c, class A, with 25 to life and a life sentence framework. | Felony murder is a murder and a class A felony; 60-year sentence not illegal. |
| Did due process require notice of maximum penalty and render the plea sentence plain error? | Gaffney asserts lack of notice and unclassified status violated due process; seeks plain error relief. | State argues the claim is not reviewable and not extraordinary; plain error not shown. | Plain error doctrine not invoked; claim unreviewable; judgment affirmed. |
Key Cases Cited
- State v. Adams, 308 Conn. 263 (2013) (felony murder is a class A felony; 25 years to life)
- State v. Miller, 140 Conn. App. 620 (2013) (felony murder is a form of murder, not an unclassified felony)
- State v. Crump, 145 Conn. App. 749 (2013) (categories for correctable illegal sentences; jurisdiction to modify after commencement)
- State v. Kokkinakos, 143 Conn. App. 76 (2013) (abuse of discretion in sentencing; statutory interpretation guidance)
- North Carolina v. Alford, 400 U.S. 25 (1970) (Alford plea principles)
- State v. Darryl W., 303 Conn. 353 (2012) (plain error standard of reversibility; extraordinary circumstances requirement)
- State v. John, 210 Conn. 652 (1989) (legislative history of felony murder to restore concept within murder statute)