214 Conn. 717 | Conn. | 1990
This is an appeal by the petitioner, Nicholas R. Mainiero, Jr., from the court’s denial of his petition for a writ of habeas corpus. The writ was denied because of the habeas court’s finding that the petitioner had failed to sustain the burden of proof on his claim that General Statutes § 53a-39
The petition for a writ of habeas corpus was heard on January 6, 1989, at the Superior Court in New Haven, and the following facts were developed at the hearing and found by the habeas court as reflected in its memorandum of decision and the record. The petitioner was arrested in March, 1984, and charged with sexual assault in the first degree, in violation of General Statutes § 53a-70 (a) (2), and risk of injury to a child, in violation of General Statutes § 53-21. Attorney Raymond Kelly, then a public defender, was ap
On March 26, 1985, the petitioner’s trial commenced on the charges arising out of the March, 1984 incident — sexual assault and risk of injury. After jury selection, the petitioner, on March 27, 1985, “after being completely advised by Attorney Kelly, accepted a plea bargain to the charges on that file and entered an Alford Plea. . . . ” See North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970). The court found that at the time the plea was entered, the petitioner’s uncle, Lawrence Mainiero, was his guardian ad litem. While he was handling the sexual assault and risk of injury charges, Kelly was aware of the additional February, 1985 charges pending against the petitioner. Although the petitioner had been arraigned on the additional charges, the file had not yet been transferred from Part B to Part A of the Superior Court. Nonetheless, after extensive discussions with the trial court and the state’s attorney, Kelly was able to effectuate an agreement that included the disposition of the February, 1985 charges with the dispo
The trial court found that the plea bargain disposition of the charges arising out of the March, 1984 incident provided for the petitioner to receive a sentence of five years confinement for the risk of injury and sexual assault charges. The agreement further provided that the sentences for these charges were to run concurrently with the sentences received from the February, 1985 charges of larceny and assault, with an agreed maximum of ten years imprisonment. While the court informed Kelly that he could argue for a lesser sentence, the court stated that it felt that the sentence was fair and that the petitioner would need a favorable presentence investigation report in order to receive a lesser sentence. Nonetheless, Kelly continued to negotiate for a lesser period of actual incarceration. Finally, he was successful in obtaining an agreement encompassing both files for a total effective sentence of twelve years, execution suspended after eight years of imprisonment, and five years probation. The court found that Kelly discussed with the petitioner and his uncle, the guardian ad litem, the meaning of the agreed sentence. The court also found that Kelly informed the petitioner that he would be required actually to serve five and one-half years of imprisonment and that he could serve a lesser period of imprisonment only through programs that might be provided at the correctional institution.
On June 28, 1985, the petitioner was sentenced as agreed. The petitioner was then seventeen years old. He was confined at the Manson Youth Center until May, 1988, at which time he was transferred to the Cheshire Correctional Center. Prior to commencing this
On appeal the petitioner now claims the following: (1) that General Statutes § 53a-39 is unconstitutional as interpreted and applied by the habeas court; (2) that the habeas court incorrectly applied the law, particularly § 53a-39, in accordance with the clear intent of the law; (3) that the trial court improperly canvassed the petitioner at the time that he pleaded guilty; and (4) that there was ineffective assistance of counsel when he pleaded guilty.
I
The central issue in this appeal is the petitioner’s claim that the habeas court’s interpretation and application of § 53a-39 was unconstitutional and not in accordance with its clear intent. We are unpersuaded. Specifically, the petitioner notes that under § 53a-39 a prisoner is eligible to apply for intensive probation only if his sentence is for a period of not less than two years nor more than five years. Furthermore, a prisoner is eligible to apply to the trial court for sentence modification pursuant to § 53a-39 only if his sentence is not in excess of three years. If a prisoner’s sentence is in excess of three years, then he must petition the sentence review division of the Superior Court pursuant to General Statutes § 51-195
The eligibility restrictions on sentence review, sentence modification and intensive probation are statu
The petitioner has failed to cite any authority that supports his assertion that the eligibility restrictions that the legislature has imposed upon intensive probation, sentence modification and sentence review are unconstitutional. We conclude that the legislature’s establishment of such eligibility restrictions was both rational and reasonable. As the habeas court correctly stated: “The legislature has a rational basis to impose whatever guidelines and procedures it deemed appropriate. Section 53a-39 used the severity of the crime and length of incarceration as guidelines for rehabilitation and public safety. . . . Accordingly, the distinctions drawn between sentences of different lengths and corresponding available alternatives or reduced punishments are rationally related. Section 53a-39 (rev’d 1989) is neither irrational nor arbitrary.” In sum, the legislature has prescribed a statutorily harmonious and constitutional scheme for sentence modification, sentence review and intensive probation.
II
The petitioner also argues that the trial court did not properly canvass him when he pleaded guilty. Specifi
“Under Boykin [v. Alabama, 395 U.S. 238, 243, 89 S. Ct. 1709, 23 L. Ed. 2d 274 (1969)], in order for a plea to be knowingly, voluntarily and intelligently made, a trial court is required to advise a defendant that his plea operates as a waiver of three fundamental constitutional rights — jury trial, confrontation and self-incrimination.” State v. Badgett, 200 Conn. 412, 418, 512 A.2d 160, cert. denied, 479 U.S. 940, 107 S. Ct. 423, 93 L. Ed. 2d 373 (1986). “There is no requirement, however, that the defendant be advised of every possible consequence of such a plea.” State v. Gilnite, 202 Conn. 369, 383, 521 A.2d 547 (1987).
In sum, we hold that the trial court had no duty to inform the petitioner that, because of his sentence, he would not be eligible for sentence modification or intensive probation pursuant to § 53a-39. Such consequences of the petitioner’s plea are simply beyond the scope of the constitutional mandates required to effectuate a valid plea of guilty under Boykin v. Alabama, supra.
There is no error.
In this opinion the other justices concurred.
“[General Statutes] Sec. 53a-39. reduction of definite sentence OF THREE YEARS OR LESS. DISCHARGE OF DEFENDANT. INTENSIVE PROBATION. At any time during the period of a definite sentence of three years
“[General Statutes] Sec. 51-195. application for review of sentence. Any person sentenced on one or more counts of an information
At oral argument, the petitioner abandoned his claim of ineffective assistance of counsel.