State v. Carney

184 Conn.App. 456

195 A.3d 436

STATE of Connecticut

v.Jonathan W. CARNEY

AC 40512

Appellate Court of Connecticut.

Argued May 22, 2018

Officially released September 4, 2018

Jonathan W. Carney, self-represented, the appellant (defendant).

Lisa A. Riggione, senior assistant state's attorney, with whom, on the brief, were Brian Preleski, state's attorney, and Paul N. Rotiroti, supervisory assistant state's attorney, for the appellee (state).

Keller, Bright and Beach, Js.

BEACH, J.

The defendant, Jonathan W. Carney, appeals from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claims that the court improperly (1) concluded that the sentencing court properly construed General Statutes § 17a-566 as limiting the Department of Mental Health and Addiction Services (DMHAS) to a recommendation as to the appropriate place of confinement only and, therefore, properly declined to consider information provided by Whiting Forensic Division (Whiting) at the § 17a-566 hearing when it imposed the sentence; and (2) failed to conclude that the sentencing court relied on inaccurate information provided by Whiting. We disagree and, accordingly, affirm the judgment of the trial court.

The following undisputed facts and procedural history are relevant to our resolution of the defendant's claims. They arise primarily from five separate proceedings: a plea proceeding on May 9, 2003; a June 27, 2003 hearing in which the court granted a continuance for sentencing; a July 18, 2003 hearing regarding the defendant's motion for a psychological evaluation; a September 5, 2003 hearing in which Whiting doctors testified regarding the defendant's need for further evaluation; and a January 16, 2004 sentencing hearing.

On May 9, 2003, the defendant pleaded guilty to murder in violation of General Statutes § 53a-54a. On that date, the court, Handy, J. , advised the defendant that the possible sentence for the crime was between twenty-five and sixty years.¹ The defendant's attorney stated that he had retained Donald Grayson, a psychiatrist, to conduct a psychiatric evaluation of the defendant in anticipation of a possible extreme emotional disturbance defense, and that he had discussed Grayson's report with the defendant. Before accepting the defendant's plea, the court canvassed the defendant on his waiver of the right to a trial, including his right to present an affirmative defense at trial. The court also indicated that it had reviewed Grayson's report and had considered the information contained therein.

Pursuant to the plea agreement, the defendant agreed to a forty-two year sentence. The court informed the defendant that he would be sentenced to forty-two years at the sentencing proceeding to be held at a later date, and the defendant affirmed that he understood. The court further informed the defendant that once the court accepted his plea, he could not take it back. The defendant again affirmed his understanding. The court found that the defendant's plea was "voluntary, made with understanding, [and] made with the assistance of competent and effective counsel." The court accepted the defendant's guilty plea, and a sentencing hearing was scheduled for June 27, 2003.

On June 26, 2003, the day before the scheduled sentencing, the defendant attempted suicide and was taken to a hospital. Sentencing was continued to July 18, 2003, because the defendant was in the hospital on June 27, 2003.

Following the defendant's attempted suicide, his attorney filed a motion for a psychiatric evaluation pursuant to § 17a-566.² On July 18, 2003, the court heard both parties regarding the defendant's motion. The state did not object, and the court ordered the defendant to be sent to Whiting for a presentence psychiatric evaluation in order to determine whether the defendant should serve his sentence in Whiting or at a Department of Correction (DOC) facility. The court indicated that the evaluation would not alter the defendant's agreed upon forty-two year sentence. The defendant did not object to the court's statement that the sole purpose of the psychiatric assessment was to provide guidance regarding the place of confinement.

On September 5, 2003, the court held a hearing regarding the Whiting recommendation. At the outset of the hearing, the court reiterated that the Whiting evaluation would not alter the length of the agreed upon forty-two year sentence. The court inquired as to whether either party disagreed with the court's understanding of the purpose of the inquiry, and both parties expressly stated that they did not disagree.

Eileen McAvoy, a psychologist who evaluated the defendant pursuant to § 17a-566, testified as to her findings, and her written report was admitted as a full exhibit. In her report, she concluded that the defendant was in need of further evaluation at Whiting.³

On January 16, 2004, after the further evaluation, the court held a sentencing hearing at which Whiting personnel testified as to their recommendations. The Whiting report, including a psychiatric evaluation and Whiting "recommendations," was admitted as a full exhibit, under seal. Paul Amble, the chief forensic psychiatrist for the Connecticut Division of Forensic Services, and Sean Hart, a clinical psychologist, testified that the defendant should serve his sentence at a DOC facility. Both Amble and Hart further testified that they believed the DOC would be able to provide the defendant adequate psychiatric treatment. During summation, defense counsel raised concerns regarding the methods the Whiting personnel used in evaluating the defendant.⁴ Ultimately, defense counsel argued that the defendant should serve his sentence at Whiting. The court adopted Whiting's recommendation and sentenced the defendant in accordance with the plea agreement to forty-two years imprisonment to be served at a DOC facility.

On May 4, 2016, pursuant to Practice Book § 43-22, the defendant, representing himself, filed a motion to correct an illegal sentence. The defendant claimed that his sentence was imposed in an illegal manner because the sentencing court relied on inaccurate information and improperly concluded that the purpose of the § 17a-566 hearing was to determine only the place of the defendant's confinement. After a "sound basis" hearing pursuant to State v. Casiano , 282 Conn. 614, 922 A.2d 1065 (2007), the court did not appoint counsel to represent the defendant in connection with his motion to correct, and the defendant proceeded as a self-represented party.

On December 1, 2016, the trial court, D'Addabbo, J. , held a hearing on the defendant's motion to correct.

The court concluded that the sentencing court properly had construed § 17a-566, and the court determined that there was no basis for the claim that the sentencing court had relied on inaccurate information in imposing the agreed upon sentence. Finally, the court dismissed for lack of jurisdiction the defendant's claim, as the court perceived it, that the defendant received inadequate care from the DOC. This appeal followed.

We begin with the relevant standard of review and legal principles. "We review the [trial] court's denial of [a] defendant's motion to correct [an illegal] sentence under the abuse of discretion standard of review.... In reviewing claims that the trial court abused its discretion, great weight is given to the trial court's decision and every reasonable presumption is given in favor of its correctness.... We will reverse the trial court's ruling only if it could not reasonably conclude as it did." (Citation omitted; internal quotation marks omitted.) State v. Logan , 160 Conn. App. 282, 287, 125 A.3d 581 (2015), cert. denied, 321 Conn. 906, 135 A.3d 279 (2016).

Pursuant to Connecticut law, "the jurisdiction of the sentencing court terminates once a defendant's sentence has begun, and, therefore, that court may no longer take any action affecting a defendant's sentence unless it expressly has been authorized to act." Cobham v. Commissioner of Correction , 258 Conn. 30, 37, 779 A.2d 80 (2001). Pursuant to Practice Book § 43-22, however, the sentencing court may correct an illegal sentence, illegal disposition, or a sentence imposed in an illegal manner. An illegal sentence is one that "exceeds the relevant statutory maximum limits, violates a defendant's right against double jeopardy, is ambiguous, or is internally contradictory." (Internal quotation marks omitted.) State v. Parker , 295 Conn. 825, 839, 992 A.2d 1103 (2010). A sentence imposed in an illegal manner is "within the relevant statutory limits but ... imposed in a way which violates [a] defendant's right ... to be addressed personally at sentencing and to speak in mitigation of punishment ... or his right to be sentenced by a judge relying on accurate information or considerations solely in the record, or his right that the government keep its plea agreement promises ...." (Internal quotation marks omitted.) Id."[I]f the defendant cannot demonstrate that his motion to correct falls within the purview of [Practice Book] § 43-22, the court lacks jurisdiction to entertain it." (Internal quotation marks omitted.) State v. Saunders , 132 Conn. App. 268, 271, 50 A.3d 321 (2011), cert. denied, 303 Conn. 924, 34 A.3d 394 (2012).

I

The defendant claims that the trial court erred in agreeing with the sentencing court's construction and application of General Statutes §§ 17a-566 and 17a-567. As related previously in this opinion, the sentencing court stated that the statutory scheme related to placement of inmates and that the Whiting referral and resulting information would not be considered in the determination of the length of the sentence to be imposed.

In construing a statute, we "ascertain its meaning from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or...