October 24, 2016
from Superior Court, judicial district of Tolland, Fuger, J.
Richard H. Stannard III, assigned counsel, with whom, on the
brief, was John Drapp III, assigned counsel, for the
M. Ralls, assistant state's attorney, with whom, on the
brief, were Matthew C. Gedansky, state's attorney, and
David M. Carlucci, assistant state's attorney, for the
DiPentima, C. J., and Mullins and Foti, Js.
petitioner, Mark Ambrose, appeals following the denial of his
petition for certification to appeal from the judgment of the
habeas court denying his petition for a writ of habeas
corpus. On appeal, he claims that the court (1) abused its
discretion by denying his petition for certification to
appeal and (2) improperly concluded that the performance of
his criminal trial counsel was not deficient. We dismiss the
following facts and procedural history are relevant to our
discussion. On May 11, 1995, the state charged the petitioner
with felony murder in violation of General Statutes §
53a-54 (c) and assault in the first degree in violation of
General Statutes § 53a-59 (a) (1). On June 7, 1996, the
petitioner appeared before the court, J. Kaplan, J.,
to enter guilty pleas to these charges. After some
discussion, the court accepted the petitioner's guilty
pleas. Following the petitioner's conviction, on August
1, 1996, the court imposed a total sentence of sixty years
incarceration, from which the petitioner did not appeal.
the plea proceedings, the prosecutor set forth the following
factual bases underlying the charges against the petitioner.
‘‘On May 10, 1995, approximately twelve noon, the
[petitioner] entered the Gold & Diamond Exchange, which
is a jewelry store in the town of Ellington. He entered with
the intent to commit robbery therein. . . . Inside the store
at that time were the proprietor, Raymond Roy, and a jewelry
salesman named Elli Parzivan. After being in the store for
some time and after being shown-at his request-several
diamond rings, [the petitioner] removed a-small caliber . . .
pistol from his person, indicated to the occupants that this
was a robbery [and] ordered them to get down behind the
petitioner] then vaulted the jewelry cases, '' and
‘‘pointed his gun at Mr. Parzivan and shot Mr.
Parzivan through the head. The [petitioner] was approximately
three to five feet away from Mr. Parzivan when he shot him.
[The petitioner] then turned toward Mr. Roy and shot Mr. Roy
in the face. Mr. Roy was moving at that time, and although
[the petitioner] shot him in the face, he was able to survive
his injuries after surgery at Hartford Hospital.
Parzivan, however, was taken also to Hartford Hospital and
died the following day, on May 11, 1995. The autopsy
indicated that the cause of death was a gunshot wound to the
[petitioner]-after shooting both individuals- then removed
several trays of diamond rings from . . . a jewelry case,
leaving a latent fingerprint on top of that case. He also
removed many loose diamonds from a desk nearby. He put all of
these items into a bag and fled the jewelry store.
was chased outside of the store by Mr. Roy, who had armed
himself with his own pistol. Mr. Roy then proceeded to
discharge approximately seven bullets toward [the petitioner]
and the vehicle that [the petitioner] was climbing into. Mr.
Roy was able to shoot out the rear windshield as well as the
left, rear driver's side window. He also shot [the
petitioner] in the elbow.
petitioner], nonetheless, was able to flee the scene, and he
was stopped ultimately on Interstate 91 in the town of either
Windsor or Bloomfield at exit 36 by the state police. This
[was] approximately one-half hour to three-quarters of an