29 Conn. App. 386 | Conn. App. Ct. | 1992
The defendant appeals from the decision of the trial court denying his request, made pursuant to General Statutes (Rev. to 1985) § 17-251 (b),
The following facts are relevant to this appeal. In 1987, the defendant agreed to plead guilty to murder in violation of General Statutes § 53a-54a pursuant to the Alford doctrine.
After taking testimony regarding the defendant’s psychiatric condition, the trial court sentenced the defendant to be committed to the custody of the commissioner of correction for a period of thirty years, and, pursuant to § 17-245 (now § 17a-567), ordered him to be confined at Whiting “for custody, care and treatment, until such time as he is a fit candidate for incarceration under his sentence.”
The testimony adduced at the July 24 hearing revealed that, while at Whiting, psychotherapy and pharmacological intervention had helped to change the defendant’s behavior dramatically. He had participated in nearly all available rehabilitation programs at Whiting and had helped to organize a charitable fund-raising program at the facility. The defendant was calmer and more relaxed, handling stressful situations more appropriately. Aggressive outbursts, characteristic of his admitting diagnosis, had disappeared. Neurological testing that previously indicated brain dysfunction now indicated normal brain functioning. At the time of the hearing, the defendant’s illness was diagnosed as being in remission.
On August 16,1991, the trial court denied the defendant’s request for sentence reduction and remanded him to the custody of the commissioner of correction to serve the remainder of the sentence imposed in 1987. In making its decision, the court indicated that it had reviewed the presentence report that was used in 1987 along with the transcript of the 1987 sentencing proceeding, the various psychiatric and psychological
The defendant contends that the trial court did not properly carry out its mandate under § 17-251 (b) to consider events transpiring since the original sentencing, especially the successful treatment of the defendant’s mental illness. In support of this claim, the defendant points to two factors that he claims the court relied on in making its determination under § 17-251 (b). First, the defendant asserts that the trial court improperly concluded that the defendant had effectively waived his right to a sentence reduction under § 17-251 (b) because, in its view, the parties at the original hearing considered the commitment at Whiting as a way of preparing the defendant to serve the sentence imposed by the court. Second, the defendant argues that the trial court refused to consider the defendant’s
Under § 17-251 (b) prior to its 1989 amendment, a defendant could be considered for early release from a previously imposed sentence upon discharge from Whiting. State v. Hanson, 210 Conn. 519, 566 A.2d 1007 (1989). Whether to suspend the previously imposed sentence under § 17-251 (b) is a sentencing decision of the trial court; id., 531; and, as such, calls on the court to exercise its very broad discretion. Id.; State v. Huey, 199 Conn. 121, 126, 505 A.2d 1242 (1986); State v. McNellis, 15 Conn. App. 416, 445, 546 A.2d 292, cert. denied, 209 Conn. 809, 548 A.2d 441 (1988). A sentencing decision will be reversed only for an abuse of that discretion.
Here, the trial court’s remarks indicate that it carefully considered the progress made by the defendant while at Whiting. The court, however, gave determinative weight to the nature of the crime and the punishment, which, in the exercise of its discretion, it believed was necessitated by such conduct. The nature of the crime is certainly a factor that may be considered in determining the punishment to be imposed. State v. Williamson, 206 Conn. 685, 703, 539 A.2d 561 (1988); Copeland v. Warden, 26 Conn. App. 10, 13, 592 A.2d 477, cert. granted, 220 Conn. 926, 598 A.2d 365 (1991); State v. McClain, 23 Conn. App. 83, 88, 579 A.2d 564, cert. denied, 216 Conn. 822, 581 A.2d 1056 (1990). The court’s remarks about the original sentencing must be read in the context of the entire § 17-251 (b) sentencing hearing. State v. McNellis, supra, 449-50. When so read, those remarks implied neither a conclusion that
Accordingly, we conclude that the trial court properly carried out its mandate under § 17-251 (b) to consider events transpiring since the previously imposed sentence. Not being confined solely to a consideration of those events, however, the trial court did not abuse its discretion when it determined that the defendant should be returned to the custody of the commissioner of correction to serve the unexpired portion of his sentence.
The judgment is affirmed.
In this opinion the other judges concurred.
In 1986, at the time the defendant committed the underlying criminal offense, General Statutes (Rev. to 1985) § 17-251 (b) provided in pertinent part: “The court, upon its own motion or at the request of the defendant or his attorney, may at any time hold a hearing to determine whether such person [committed to Whiting Forensic Institute pursuant to § 17-245] should be discharged from the institute prior to the expiration of the maximum period of his sentence. . . . If the court determines the patient should be discharged from the institute, it shall then determine whether the patient should be released, granted parole or returned to the custody of the commissioner of correction. ” (Emphasis added.) In 1989, the legislature amended the last sentence of § 17-251 (b) to provide: “If the court determines the patient should be discharged from the institute, he shall be returned to the custody of the commissioner of correction. ” (Emphasis added.) In 1991, the provisions of § 17-251 were transferred to § 17a-570.
The trial court held that, because the change created by the 1989 amendment to § 17-251 (b) was substantive, the amended statute could not be applied retroactively. The court therefore applied the version of the stat
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970).
See footnote 1, supra.