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Lee v. Commissioner of Correction

Court of Appeals of Connecticut

May 23, 2017

DEAN S. LEE
v.
COMMISSIONER OF CORRECTION

          Argued Date: March 21, 2017

         Appeal from Superior Court, judicial district of Tolland, Fuger, J.

          Craig A. Sullivan, assigned counsel, for the appellant (petitioner).

          Denise B. Smoker, senior assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Adrienne Maciulewski, deputy assistant state's attorney, for the appellee (respondent).

          DiPentima, C. J., and Sheldon and Blue, Js.

          OPINION

          BLUE, J.

          The petitioner, Dean S. Lee, 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, the petitioner claims that the habeas court (1) abused its discretion in denying certification to appeal and (2) improperly denied his ineffective assistance of counsel claim based on trial counsel's asserted failure to request certain pretrial bond increases. Because the petitioner did not demonstrate that the habeas court abused its discretion in denying the petition for certification to appeal, we dismiss the appeal.

         On appeal, the petitioner seeks credit for twenty-seven days of presentence confinement pursuant to General Statutes § 18-98d.[1] The presentence confinement for which he seeks credit occurred while he was confined in lieu of bail for a charge on which he was never sentenced. Instead, he subsequently was sentenced for two distinct crimes that were committed after he had posted bond in the first matter. Under these circumstances, both the relevant statute, § 18-98d, and considerations of public policy prohibit the award of presentence confinement credit that the petitioner seeks.

         The following facts and procedural history are relevant to this appeal. On three separate occasions in 2010 and 2011, the petitioner was arraigned in the New Haven judicial district, geographical area number 23, on four different charges.[2] Here is the chronology of relevant events:

• September 2, 2010. The petitioner was arraigned on a warrant charging him with possession of narcotics with intent to sell. The petitioner was confined in lieu of bond.[3] We will refer to this case[4] as case no. 1.
• September 28, 2010. The petitioner posted bond on case no. 1, having spent twenty-seven days in pretrial confinement. This twenty-seven day period of pretrial confinement turns out to be the cynosure of the case now before us.
• October 23, 2010. The petitioner sold narcotics to an undercover officer. We will refer to the case arising from this incident as case no. 2.
• June 3, 2011. The petitioner was arraigned on case no. 2.[5] The court, Licari, J., set bond of $5, 000. The petitioner posted bond on the same date.
• July 25, 2011. The petitioner allegedly twice sold narcotics to cooperating witnesses. We will refer to the cases arising from these ...

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