TYRONE D. CAROLINA
v.
COMMISSIONER OF CORRECTION
Argued
May 28, 2019
Appeal
from Superior Court in the judicial district of Tolland and
tried to the court, Kwak, J.
COUNSEL:
Tyrone
D. Carolina, self-represented, the appellant (petitioner).
Edward
Wilson, Jr., assistant attorney general, with whom, on the
brief, was William Tong, attorney general, for the appellee
(respondent).
Judges: Bright, Devlin and Eveleigh, Js.
OPINION
Page 1069
[192
Conn.App. 297] PER CURIAM.
The
petitioner, Tyrone D. Carolina, appeals, following the denial
of his petition for certification, from the judgment of the
habeas court denying his petition for a writ of habeas corpus
in which he claimed that he was wrongly classified as a sex
offender. On appeal, the petitioner claims that the habeas
court improperly concluded that the classification by the
respondent, the Commissioner of Correction, did not violate
his constitutional right to due process. We dismiss the
appeal.
The
following facts and procedural history are relevant to this
appeal. The petitioner was convicted, following a jury trial,
of two counts of risk of injury to a [192 Conn.App. 298]
child in violation of General Statutes § 53-21 (a)
(2),[1]
Page 1070
two counts of risk of injury to a child in violation of §
53-21 (a) (1),[2] and one count of tampering with
a witness in violation of General Statutes §
53a-151.[3] See State v. Carolina,
143 Conn.App. 438, 440, 69 A.3d 341 and n.1, cert. denied,
310 Conn. 904, 75 A.3d 31 (2013).[4] The petitioner
appealed to this court, which affirmed his conviction on
direct appeal and determined that the jury reasonably could
have found the following facts: " The [petitioner] was
close friends with [the parents of the victim, K]. . . . On
May 11, 2009, when K returned home from school, W, a family
friend, noticed that K's behavior was unusual. K's
cousin and her sister also were present at that time. They
began questioning K, and she reluctantly revealed that the
[petitioner] had had sexual contact with her. A few hours
later, K's older brother, L, arrived at the house and saw
that K was upset and shaking. He asked her to accompany him
in his car so that they could talk in private. In response to
L's questions, K told him of a recent incident in which
the [petitioner] had sexually molested her. The Danbury [192
Conn.App. 299] police department was contacted and officers
arrived at K's house later that evening. Thereafter, the
[petitioner] was arrested and charged with offenses related
to his sexual contact with K." (Footnote omitted.)
Id. , 441 .
While
the petitioner was incarcerated, the respondent classified
him as a sex offender and recommended that he participate in
sex treatment education pursuant to the Department of
Correction's offender classification
manual.[5] On August 27, 2014, the
self-represented petitioner filed a petition for a writ of
habeas ...