187 Conn. App. 776
Conn. App. Ct.2019Background
- Walker pleaded guilty under North Carolina v. Alford in 1991 to robbery and third‑degree sexual assault and was sentenced to an aggregate term; he was released in 1996.
- In 2001 Walker was convicted after a jury trial of multiple sexual assaults, kidnappings, theft and related offenses; a 2001 presentence investigation report (2001 PSI) summarized his prior criminal history, including the 1991 convictions.
- At the 2001 sentencing the court heard victim/state/defense allocution, denied a defense motion to strike the state’s synopsis, and sentenced Walker to a long aggregate term; the 2001 convictions were affirmed on direct appeal.
- In 2015 Walker filed an amended motion to correct an illegal sentence (Practice Book § 43‑22), alleging (1) the sentencing court failed to canvass him or counsel as to review/accuracy of the 2001 PSI (invoking Practice Book § 43‑10), and (2) the sentencing court relied on inaccurate/unconstitutional information about his 1991 convictions (including ineffective assistance in 1991).
- The trial court dismissed claim (1) for lack of subject‑matter jurisdiction (citing State v. Parker) and denied claim (2) on the merits; Walker appealed.
- The Appellate Court held the trial court correctly dismissed claim (1) for lack of jurisdiction, and erred by deciding claim (2) on the merits — that claim attacks the 1991 convictions and thus also lacked jurisdiction and should have been dismissed.
Issues
| Issue | Plaintiff's Argument (Walker) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether failure to canvass re: review/accuracy of PSI (Practice Book § 43‑10) renders 2001 sentence imposed in an illegal manner | Walker: sentencing court failed to canvass him/counsel about review/accuracy of 2001 PSI, violating § 43‑10 and causing an illegal sentencing procedure | State: Parker controls; rules/statutes do not require affirmative canvass about PSI accuracy, so no jurisdiction for § 43‑22 motion | Court: Dismissed for lack of subject‑matter jurisdiction (Parker controlling) |
| Whether reliance on allegedly inaccurate facts about 1991 convictions in the 2001 PSI made the 2001 sentence illegal | Walker: 2001 court relied on unconstitutional/inaccurate information drawn from his 1991 convictions (contradictory victim statements; ineffective assistance in 1991) causing illegal sentencing | State: Claim attacks the validity of the prior (1991) convictions, not the 2001 sentencing procedure; thus § 43‑22 is an improper vehicle | Court: Trial court lacked jurisdiction; Walker’s claim challenges prior convictions and must be dismissed (remand to render dismissal) |
Key Cases Cited
- State v. Parker, 295 Conn. 825 (Conn. 2010) (rules/statutes do not impose an affirmative obligation on the sentencing court to canvass parties about the accuracy of a presentence report; such claims do not confer § 43‑22 jurisdiction)
- State v. Francis, 322 Conn. 247 (Conn. 2016) (motion to correct illegal sentence under Practice Book § 43‑22 is limited to sentencing‑stage improprieties)
- State v. Evans, 329 Conn. 770 (Conn. 2018) (to have § 43‑22 jurisdiction the sentencing proceeding — not the underlying trial/conviction — must be the subject of the attack)
- State v. Lawrence, 281 Conn. 147 (Conn. 2007) (same principle limiting § 43‑22 to sentencing‑stage errors)
- State v. Fairchild, 155 Conn. App. 196 (Conn. App. 2015) (trial court had jurisdiction where sentencing procedure violated practice rules and deprived defendant of opportunity for allocution)
- State v. Bozelko, 154 Conn. App. 750 (Conn. App. 2015) (jurisdiction where PSI inaccuracies unrelated to disturbing a prior conviction deprived defendant of mitigation opportunities)
- State v. Charles F., 133 Conn. App. 698 (Conn. App. 2012) (jurisdiction where untimely PSI receipt prevented correction of inaccuracies bearing on sentencing)
- State v. Osuch, 124 Conn. App. 572 (Conn. App. 2010) (jurisdiction where PSI contained materially incorrect information used at sentencing)
- State v. Meikle, 146 Conn. App. 660 (Conn. App. 2013) (no § 43‑22 jurisdiction where motion effectively sought review of trial‑related facts supporting conviction)
- State v. Mollo, 63 Conn. App. 487 (Conn. App. 2001) (motion to correct cannot be used to attack the factual basis/validity of a plea or conviction)