State v. James
139 Conn. App. 308
| Conn. App. Ct. | 2012Background
- Defendant Joy P. James pled guilty to larceny in the third degree on Nov 16, 2009; the court canvassed the plea and sentenced three years' incarceration, suspended, with three years of probation.
- Defense counsel later filed Oct 21, 2010 a motion to withdraw and vacate the plea, alleging § 54-lj violation.
- Trial court denied the motion on Nov 5, 2010, finding no facts showing noncompliance with § 54-lj; defendant appealed.
- § 54-lj requires the court to address the defendant personally and ensure understanding of immigration consequences if noncitizen; controversy whether it also requires defense counsel discussion or inquiry about such discussion.
- Court held the statute is plain; only substantial compliance is needed; canvass transcript showed compliance; defense counsel's alleged failure to advise is not addressed as direct § 54-lj violation; motion denied on discretion; ineffective-assistance claim not raised in this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of § 54-lj | James argues § 54-lj has three requirements. | James contends the statute requires broader counsel involvement. | Plain language; only address and understanding required. |
| Substantial compliance with § 54-lj | State argues the court substantially complied. | James argues lack of substantial compliance. | Court complied; transcript shows proper canvass. |
| Ineffective assistance vs. § 54-lj | Defense failure to advise could be ineffective assistance. | Claim should be raised in habeas corpus, not § 54-lj motion. | Not raised in appeal; proper channel is habeas corpus. |
| Abuse of discretion in denying withdrawal | N/A (defense contends improper grounds). | N/A. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- State v. Hall, 303 Conn. 527 (2012) (substantial compliance suffices for 54-lj canvass)
- State v. Malcolm, 257 Conn. 653 (2001) (guides substantial compliance standard)
- State v. Aquino, 89 Conn. App. 395 (2005) (discourages rigid literal reading of 54-lj canva ss; supports substantial compliance)
- Felician Sisters of St. Francis of Connecticut, Inc. v. Historic District Commission, 284 Conn. 838 (2008) (establishes textual-first approach to statutory interpretation)