Argued
January 24, 2019
Appeal
from the Superior Court in the judicial district of New
London, Clifford, J..
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[Copyrighted Material Omitted]
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Laila
M. G. Haswell, senior assistant public defender, for the
appellant (defendant).
Denise
B. Smoker, senior assistant states attorney, with whom, on
the brief, were Michael L. Regan, states attorney, and
Stacey M. Miranda, senior assistant states attorney, for the
appellee (state).
Robinson,
C. J., and Palmer, McDonald, DAuria, Mullins, Kahn and
Ecker, Js.
OPINION
DAURIA,
J.
[332
Conn. 641] In 2011, our General Assembly changed the penalty
for possessing less than one-half ounce of marijuana from a
potential term of imprisonment and/ or a large fine to merely
a fine. See Public Acts 2011, No. 11-71 (P.A. 11-71),
codified at General Statutes § 21a-279a.[1] Subsequently, in
State v. Menditto, 315 Conn. 861, 863, 110 A.3d 410
(2015), this court held that P.A. 11-71
"decriminalized" the possession of less than
one-half ounce of marijuana for purposes of this states
erasure statute, General Statutes § 54-142d.[2] In the
present case, the defendant asks us to hold that § 54-142d
also compels the erasure
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of a finding of a violation of probation that he claims was
premised on the now decriminalized offense of possession of
less than one-half [332 Conn. 642] ounce of marijuana. The
trial court rejected the defendants argument, and we affirm
the trial courts decision.
The
record reveals the following undisputed facts and procedural
history, which are relevant to the resolution of this appeal.
In 2007, the defendant pleaded guilty under the
Alford doctrine[3] to possession of narcotics in
violation of General Statutes (Rev. to 2005) § 21a-279 (a).
The trial court sentenced him to thirty months of
imprisonment, execution suspended, and two years of
probation. The terms of probation included that the defendant
"not violate any criminal law of the United States, this
state or any other state or territory." The court also
ordered special conditions of probation, including substance
abuse evaluation and twenty hours of community service.
In
July, 2008, the defendant was arrested again, this time on a
charge of selling narcotics. Pursuant to a September, 2009
plea agreement, he admitted to violating his probation, and
the court extended his probation for another year. The court
accepted a nolle prosequi from the state on the underlying
narcotics charge.
With
approximately eight days remaining on the defendants
extended probation, in July, 2010, the police found him in
possession of less than one-half ounce of marijuana.
Subsequently, an arrest warrant issued for the defendant,
alleging that he had engaged in the sale of a controlled
substance in violation of the conditions of his probation
prohibiting the violation of any criminal law of the United
States, this state or any other state. The arrest warrant
also alleged that the defendant failed to provide
verification that he had completed the twenty [332 Conn. 643]
hours of community service. He was arrested and charged with
possession and sale of a controlled substance, and with
violating his probation. In July, 2012, he pleaded guilty
under the Alford doctrine to the misdemeanor charge
of possession of less than four ounces of marijuana in
violation of General Statutes (Rev. to 2009) § 21a-279
(c).[4] Also during the plea proceedings, the
defendant admitted to the probation violation. The prosecutor
stated on the record that the violation of probation ...