DEAN S. LEE
COMMISSIONER OF CORRECTION
Date: March 21, 2017
from Superior Court, judicial district of Tolland, Fuger, J.
A. Sullivan, assigned counsel, for the appellant
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.
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.
appeal, the petitioner seeks credit for twenty-seven days of
presentence confinement pursuant to General Statutes §
18-98d. 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
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. 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. We will refer to this case 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
• 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.
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 ...