173 Conn. 312 | Conn. | 1977
This is an appeal by the defendant warden of the Connecticut correctional institution from a judgment of the Superior Court rendered in a habeas corpus proceeding ordering the warden to credit the plaintiff, Arthur W. Breen, Jr., with
The finding reveals the following pertinent facts: On March 10, 1967, the plaintiff was sentenced to concurrent terms of not less than four nor more than eight years on each of two counts of robbery with violence and robbery while armed. On October 6, 1969, the plaintiff was transferred from Somers to the Connecticut Valley Hospital, from which he escaped on October 17, 1969. He was apprehended, charged with binding and robbery with violence, as well as with being a second offender, and returned to the correctional institution at Somers. On October 13, 1970, the plaintiff was sentenced to a term of not less than one and one-half years nor more than four years for the crime of escape. He was continuously confined at Somers from the time of his apprehension for escape on or about October 25, 1969, to March 9, 1973.
On May 21, 1972, the plaintiff was discharged on his first sentence which had been imposed on March 10, 1967. He was credited the time served so that his discharge on the second sentence (escape) occurred on May 27, 1973. On March 9, 1973, the plaintiff was paroled to a warrant and thereafter confined in the New Haven correctional center until June 1, 1973.
On June 1, 1973, in the Superior Court for New Haven County, the plaintiff was sentenced to an effective term of not less than three nor more than six years for the crimes of robbery with violence, binding, and as a second offender. These were the
The trial court concluded that an inmate serving sentences for a first offense and a second offense should be afforded a portion of that time as pre-sentence “jail time” credit toward a third offense. This was based on its interpretation of the provisions of §§ 18-97 and 18-98 of the General Statutes.
As our decision in Houston v. Warden, 169 Conn. 247, 250, 363 A.2d 121, makes clear, in order for an inmate to be entitled to presentence time-served credit pursuant to the provisions of § 18-97 of the General Statutes, it must appear that he was being confined under a mittimus which resulted from the offense for which the sentence was imposed. The pertinent language of § 18-97 reads: “Any person receiving ... a sentence . . . shall receive credit
There is error, the judgment is set aside and the case is remanded with direction to deny the petition for the writ of habeas corpus.
In this opinion the other judges concurred.
“[General Statutes] See. 18-97. credit towards pine or sentence POR A PERIOD SPENT IN CUSTODY UNDER MITTIMUS. Any person receiving a fine or a sentence to a correctional institution or a community correctional center shall receive credit towards any portion of such fine as is not remitted or any portion of such sentence as to which execution is not suspended for any days spent in custody under a mittimus as a result of any court proceeding for the offense or acts for which such fine or sentence is imposed, provided he shall conform to the 'rules of the institution. Upon notification from the commissioner of correction, the clerk of the court shall enter such credit upon the order in the ease of a fine, and upon the mittimus in the case of a sentence and it shall be the duty of the agency or person that held such person under such mittimus to inform the clerk
“[General Statutes] Sec. 18-98. commutation of sentence for PERIOD DURING WHICH BAIL WAS DENIED OR UNAVAILABLE. Any person who has been denied bail or who has been unable to obtain bail and who is subsequently imprisoned is entitled to commutation of his sentence by the number of days which he spent in a community correctional center from the time he was denied or was unable to obtain bail to the time he was so imprisoned. The commissioner of correction shall, if such person has conformed to the rules of the institution, credit such person with the number of days to which the supervising officer of the correctional center where such person was confined while awaiting trial certifies such person was confined between the denial of bail to him or his inability to obtain bail and his imprisonment.”