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Ambrose v. Commissioner of Correction

Court of Appeals of Connecticut

December 20, 2016

MARK AMBROSE
v.
COMMISSIONER OF CORRECTION

          Argued October 24, 2016

         Appeal 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 appellant (petitioner).

          James 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 appellee (respondent).

          DiPentima, C. J., and Mullins and Foti, Js.

          OPINION

          PER CURIAM.

         The 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 appeal.

         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.[1] 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.

         During 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 jewelry cases.''

         ‘‘[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.

         ‘‘Mr. 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 head.

         ‘‘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.

         ‘‘He 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.

         ‘‘[The 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 hour ...


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