155 Conn. App. 789
Conn. App. Ct.2015Background
- Defendant William Gemmell was convicted after a jury trial of multiple offenses including first‑degree burglary, home invasion, brandishing a facsimile firearm, criminal violation of a protective order, second‑degree unlawful restraint, and interfering with an emergency call.
- He received a total effective sentence of 15 years incarceration followed by 10 years special parole.
- Gemmell’s convictions were affirmed on direct appeal in State v. Gemmell, and certiorari was denied.
- While the direct appeal was pending, Gemmell filed a motion to correct an illegal sentence in the trial court.
- The trial court (Dennis, J.) held a hearing and denied the motion to correct an illegal sentence; Gemmell appealed that denial.
- The appellate court examined whether the trial court had jurisdiction to decide the motion to correct, focusing on whether the motion actually attacked the sentence or sought to challenge the underlying convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to correct an illegal sentence was properly before the trial court | State: The motion was a proper motion to correct an illegal sentence and the court could decide it | Gemmell: The motion attacked the validity of underlying convictions rather than the sentence itself, so it was not a proper motion to correct | Motion was not a proper motion to correct; it attacked the convictions, so the trial court lacked jurisdiction and should have dismissed it |
| Proper remedy when court lacks jurisdiction over motion to correct | State: Denial of motion was appropriate | Gemmell: The court should dismiss for lack of jurisdiction rather than deny | Court must render judgment dismissing the motion (denial was improper form) |
Key Cases Cited
- State v. Saunders, 132 Conn. App. 268 (App. Ct. 2011) (motion to correct cannot be used to attack validity of conviction)
- State v. Tabone, 301 Conn. 708 (Conn. 2011) (when court lacks jurisdiction it should dismiss the filing)
- State v. Gemmell, 151 Conn. App. 590 (App. Ct. 2014) (defendant’s direct appeal affirming convictions)