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Kondjoua v. Commissioner of Correction

Appellate Court of Connecticut

December 17, 2019

Chrysostome KONDJOUA
v.
COMMISSIONER OF CORRECTION

         Argued September 11, 2019

Page 975

[Copyrighted Material Omitted]

Page 976

         The Superior Court, Judicial District of Tolland, Mullarkey, Judge Trial Referee

Page 977

          Jennifer B. Smith, for the appellant (petitioner).

         Lisa A. Riggione, senior assistant state’s attorney, with whom, on the brief, were Margaret E. Kelley, state’s attorney, Angela Macchiarulo, senior assistant state’s attorney, and Michael Proto, assistant state’s attorney, for the appellee (respondent).

         DiPentima, C. J., and Alvord and Pellegrino, Js.

          OPINION

         PELLEGRINO, J.

         [194 Conn.App. 795] The petitioner, Chrysostome Kondjoua, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. The petitioner claims that the habeas court improperly rejected his claims that (1) his trial counsel provided ineffective assistance by failing to advise him properly of the immigration consequences of pleading guilty under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 L.Ed.2d 284 (2010), and (2) his guilty plea was not knowingly, intelligently, and voluntarily made. We disagree and, therefore, affirm the judgment of the habeas court.

          The following facts and procedural history are relevant to this appeal. The petitioner is a Cameroonian citizen who has resided in the United States since 2010 as a long-term, permanent resident with a green card. He was arrested on November 29, 2013, and charged with the sexual assault in the first degree of an eighty-three year old woman, for whom he had been working. The petitioner entered a plea of not guilty and elected a jury trial.

         On December 16, 2014, after the jury had been picked and evidence was set to begin, the petitioner accepted a plea agreement to the reduced charge of sexual assault in the third degree. Before accepting the petitioner’s [194 Conn.App. 796] guilty ...


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