April 23, 2019.
[Copyrighted Material Omitted]
Substitute information in the first case, charging the
defendant with the crime of assault in the second degree, and
two-part substitute information, in the second case, charging
the defendant with the crime of threatening in the first
degree, brought to the Superior Court in the judicial
district of Danbury, where the defendant was presented to the
court, Marano, J., on a plea of guilty as to the crime of
assault in the second degree; judgment of guilty in
accordance with the plea; thereafter, the defendant was
presented to the court, Blawie, J., on a plea of guilty as to
the crime of threatening in the first degree; judgment of
guilty in accordance with the plea; subsequently, the court,
Welch, J., denied the defendant's motion to correct an
illegal sentence, and the defendant appealed to this court.
O. Brown, self-represented, the appellant (defendant).
R. Lockwood, supervisory assistant state's attorney, with
whom, on the brief, were Stephen J. Sedensky III, state's
attorney, and Edward L. Miller, assistant state's
attorney, for the appellee (state).
DiPentima, C. J., and Alvord and Diana, Js.
Conn.App. 149] PER CURIAM.
self-represented defendant, Kenya Brown, appeals from the
trial court's denial of his motion to correct an illegal
sentence. On appeal, the defendant claims that (1) General
Statutes §§ 53a-37 [192 Conn.App. 150] and
53a-38 are ambiguous and contradictory,
and (2) § 53a-38 is unconstitutional because it violates his
constitutional rights to due process, to be free from double
jeopardy, and to equal protection. We reverse the judgment of
the trial court only as it relates to the portion of the
defendant's motion to correct that advances arguments
that do not implicate the sentencing proceeding itself. The
court should have dismissed, rather than denied, this portion
of the motion. We affirm the judgment of the trial court in
all other respects.
following facts are relevant on appeal. In 2003, the
defendant pleaded guilty to attempt to commit murder in
violation of General Statutes §§ 53a-49 and 53a-54a, and
robbery in the first degree in violation of General Statutes
§ 53a-134 (a) (2). The defendant was sentenced to a total
effective term of twenty years imprisonment. In 2006, in
connection with the assault of a fellow inmate, the defendant
pleaded guilty to assault in the second degree in violation
of General Statutes § 53a-60 (a) (2), and was sentenced to a
term of eighteen months of imprisonment to run consecutively
to the sentence he was serving for the 2003 convictions. In
2012, in connection with threats the defendant had made in a
letter to a judge, the defendant pleaded guilty to