5 Conn. Cir. Ct. 228 | Conn. App. Ct. | 1967
On June 30, 1967, the defendant pleaded guilty to the charge of operating a motor vehicle while under the influence of liquor in violation of § 14-227a (a) of the General Statutes. At the time of plea, the defendant was represented by counsel, who requested a continuance of the court for disposition, since his client was not able to pay a fine on that date. The court granted a continuance until July 21, 1967. On July 21, 1967, the defendant
The sole questions on this appeal are whether the trial court abused its discretion in denying the motion, in view of the financial inability of the defendant to pay the fine imposed, and whether in so doing the court denied the defendant due process and equal protection of the law in violation of the fourteenth amendment to the United States constitution and article first, §§ 8 and 20, of the Connecticut constitution.
The defendant does not question the constitutionality of General Statutes §§ 18-50
In the instant case, we fail to see that the defendant has been deprived of either due process or equal protection of the law. The defendant was represented by counsel in all stages of his case and has filed an appeal bond. There is nothing in the record which could serve as a foundation for a claim that there was a violation of any constitutional rights of the defendant. The case of Griffin v. Illinois, 351 U.S. 12, and subsequent cases of the Supreme Court of the United States outlining the rights of an indigent person in the course of trial and appeal have no bearing on the instant case.
The sentence in a criminal case, if within the limits fixed by statute for the crime charged, will not be disturbed on appeal unless there was an abuse of discretion. State v. LaPorta, 140 Conn. 610, 612. After the conviction, by trial or plea of guilty, the issue is not the guilt of the offender but, within the limits fixed by statute, the appropriate penalty to fit him as Avell as the crime. State v. Harmon, 147 Conn. 125, 128. Where the penalty imposed is Avithin the limits fixed by statute, a contention on appeal that it is unjust is simply an appeal for clemency to a court Avhich has no discre
There is no error.
In this opinion Kosicki and Jacobs, Js., concurred.
Section 18-50 provides for the amount of credit a person shall receive toward his fine for each day of his confinement.
“Sec. 18-63. COMMITMENT FOR FAILURE TO pay fine. Upon any conviction for a crime, if the convict fails to pay any fine lawfully impo-sed, he shall be committed to jail until such fine is paid.”