State v. Roberts, 227 Conn.App. 159

The defendant, David D. Roberts, pled guilty to reckless endangerment in the second degree, threatening in the first degree, and intimidation based on bigotry or bias in the third degree, following incidents involving racially charged threats and the display of a shotgun directed at renters and a property owner.
Roberts originally faced two dockets: the first for threatening and reckless endangerment involving renters, and the second for racially charged voicemail threats to the owner. The plea agreement ultimately consolidated the intimidation charge into the first docket.
The trial court canvassed Roberts regarding his guilty plea, confirming he had discussed his rights with counsel and was entering the plea knowingly and voluntarily.
Before sentencing, Roberts (through substitute counsel) moved to withdraw his guilty plea, claiming an inadequate plea canvass, ineffective assistance of counsel, and that the intimidation statute is unconstitutional.
The trial court denied the motion to withdraw the plea, finding the canvass and counsel performance adequate, and declined to address the constitutional claim due to inadequate briefing.
Roberts was sentenced to six years, suspended after nine months, plus three years’ probation. He appealed, challenging the plea canvass, counsel's effectiveness, the lack of an evidentiary hearing, and the constitutionality of the statute.

Issue	Roberts' Argument	State's Argument	Held
Adequacy of Plea Canvass	Court failed to state/confirm explicit waiver of Boykin rights.	Affirmative acknowledgment from defendant suffices since rights explained by counsel.	Canvass was sufficient; knowing and voluntary waiver found.
Failure to Hold Evidentiary Hearing on Ineffective Assistance	Alleged counsel did not adequately advise on new plea terms and constitutional issues.	No specific facts showing deficiency; prior plea discussions covered same charges; no new issues.	No hearing required; record refuted claim, no plausible basis.
Ineffective Assistance of Counsel	Counsel failed to adequately advise on nature of charges and constitutional implications.	Presumed that counsel explained nature/elements; record shows defendant's understanding.	No ineffectiveness; defendant failed to prove deficient performance.
Constitutionality of § 53a-181l	Statute criminalizes protected speech, is vague and overbroad.	Claim inadequately briefed and not sufficiently analyzed for appellate review.	Declined to review on grounds of inadequate briefing.

Boykin v. Alabama, 395 U.S. 238 (1969) (establishes core constitutional rights that must be waived knowingly and voluntarily in a plea)
State v. Badgett, 200 Conn. 412 (1986) (literal compliance with Boykin not required; substantial compliance is sufficient)
State v. Bugbee, 161 Conn. 531 (1971) (record must not be silent as to defendant's understanding of plea)
Hill v. Lockhart, 474 U.S. 52 (1985) (two-prong standard for ineffective assistance of counsel in guilty plea context)
North Carolina v. Alford, 400 U.S. 25 (1970) (allows defendant to plead guilty while maintaining innocence, if factual basis exists)
Virginia v. Black, 538 U.S. 343 (2003) (defines the constitutional limits of punishment for 'true threats')