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190 Conn. App. 660
Conn. App. Ct.
2019
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Background

  • Earl V. Thompson was convicted after jury trial of conspiracy to commit robbery in the first degree, robbery in the first degree, and first‑degree kidnapping; total effective sentence 45 years. His convictions were affirmed on direct appeal (State v. Thompson).
  • Thompson (initially pro se, later counsel McKay) filed motions under Practice Book § 43‑22 seeking to "correct an illegal sentence." Pro se filings included a double jeopardy claim but were not considered by the court; McKay’s filed motion focused on insufficiency of the evidence for the conspiracy conviction.
  • McKay argued the conspiracy conviction should be vacated because the state failed to prove (1) an agreement to threaten the victim with a gun upon entry or (2) that Thompson intentionally aided the codefendant—i.e., a sufficiency‑of‑the‑evidence challenge to the conviction.
  • The trial court dismissed McKay’s motion, holding it was a collateral attack on the conviction (a sufficiency claim) and therefore outside the court’s jurisdiction under § 43‑22 after execution of sentence.
  • Thompson appealed the dismissal, arguing the trial court improperly concluded it lacked subject matter jurisdiction to consider his motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court had jurisdiction under Practice Book § 43‑22 to grant relief where the motion challenged sufficiency of the evidence supporting a conviction (conspiracy) after sentence execution State: court lacks jurisdiction to entertain collateral sufficiency challenges in a § 43‑22 motion after sentence execution Thompson: his § 43‑22 motion could vacate the conspiracy conviction (insufficiency) and thus correct an illegal sentence Court held the motion attacked the conviction (sufficiency), not the sentence or sentencing proceeding; therefore court lacked jurisdiction and dismissal was proper

Key Cases Cited

  • State v. Evans, 329 Conn. 770 (2018) (motion to correct an illegal sentence must attack sentencing proceeding, not trial/conviction)
  • State v. Starks, 121 Conn. App. 581 (2010) (insufficiency claims do not concern sentence legality and are outside § 43‑22 jurisdiction)
  • State v. Koslik, 116 Conn. App. 693 (2009) (same—collateral attack on conviction is not a § 43‑22 remedy)
  • State v. Mukhtaar, 189 Conn. App. 144 (2019) (summarizing that post‑execution § 43‑22 jurisdiction requires challenge to sentencing proceeding)
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Case Details

Case Name: State v. Thompson
Court Name: Connecticut Appellate Court
Date Published: Jun 18, 2019
Citations: 190 Conn. App. 660; 212 A.3d 263; AC41780
Docket Number: AC41780
Court Abbreviation: Conn. App. Ct.
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