State v. Boyd

861 A.2d 1155, 272 Conn. 72, 2004 Conn. LEXIS 525
CourtSupreme Court of Connecticut
DecidedDecember 21, 2004
DocketSC 17192
StatusPublished
Cited by18 cases

This text of 861 A.2d 1155 (State v. Boyd) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Boyd, 861 A.2d 1155, 272 Conn. 72, 2004 Conn. LEXIS 525 (Colo. 2004).

Opinion

Opinion

VERTEFEUILLE, J.

The dispositive issue in this appeal is whether the trial court properly determined that it lacked jurisdiction under General Statutes § 53a-391 to consider the motion filed by the defendant, Wayne Boyd, for modification of his sentence. Section 53a-39 (a) permits the trial court to modify a “definite sentence of three years or less” without the agreement of the state’s attorney. The trial court in the present case determined that it lacked jurisdiction to modify the defendant’s sentence of two years and one day of incarceration followed by two years of special parole because it constituted a “definite sentence” of more than three years, which, pursuant to § 53a-39 (b), could [74]*74be modified only by agreement of the state’s attorney.2 The defendant claims that the trial court had jurisdiction to modify his sentence, because the two years of special parole should not be considered part of the definite sentence for the purposes of § 53a-39. We agree with the defendant, and, accordingly, we reverse the judgment of the trial court.

The following facts and procedural history guide our resolution of this appeal. In October, 2002, the defendant, who was then on probation as a result of a previous conviction, admitted to being in violation of his probation. As a result, on January 17, 2003, the trial court rendered judgment sentencing the defendant to two years and one day of incarceration, followed by two years of special parole. Several months later, the defendant filed a motion for sentence modification, which the trial court denied. In a subsequent hearing to articulate its reasoning, the trial court explained that it had denied the defendant’s motion because the court lacked jurisdiction to modify a definite sentence in excess of three years. See footnote 2 of this opinion and accompanying text. The court further clarified that it based its denial of the motion on its determination that the defendant’s sentence of incarceration of two years and one day followed by two years of special parole constituted a sentence of four years and one day for purposes of § 53a-39, and that the sentence therefore exceeded the three year maximum definite sentence that the court is allowed to modify pursuant to § 53a-39 (a). The defendant appealed from the trial court’s judgment denying the defendant’s motion for sentence modification to the Appellate Court and we thereafter transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.

[75]*75In this appeal, the defendant claims that the trial court improperly concluded that it lacked jurisdiction to modify the defendant’s sentence under § 53a-39. The defendant makes two arguments to support his contention. First, the defendant contends that the phrase “definite sentence” as used in § 53a-39 (a) should be given the same meaning as the same phrase in General Statutes § 54-125 (e),3 which governs special parole and refers to a definite sentence “followed by” special parole. Second, the defendant contends that although the Appellate Court has decided that a definite sentence for purposes of § 53a-39 includes both the executed and suspended portions of a split sentence; see State v. Adam H., 54 Conn. App. 387, 392, 735 A.2d 839, cert. denied, 251 Conn. 905, 738 A.2d 1091 (1999); this court should distinguish special parole from the suspended portion of a prison sentence.

The state responds by arguing that the plain language of the phrase “definite sentence” as used in § 53a-39 (a) refers to any sentence of a predetermined length, regardless of whether the sentence consists solely of incarceration or includes a period of special parole. The state further argues that a definite sentence is not limited to a period of incarceration, relying on the Appellate Court’s holding in Adam H. that a definite sentence includes the suspended portion of a sentence of incarceration. See id. We agree with the defendant and conclude that the term “definite sentence” in § 53a-39 does not include a period of special parole, and, [76]*76accordingly, the trial court had jurisdiction to modify the defendant’s sentence under § 53a-39 (a).

We begin by setting forth the appropriate standard of review. The defendant’s claim raises a question of statutory interpretation, over which our review is plenary. See, e.g., Waterbury v. Washington, 260 Conn. 506, 546-47, 800 A.2d 1102 (2002). Relevant legislation and precedent guide the process of statutory interpretation. Number 03-154, § 1, of the 2003 Public Acts provides that, “[t]he meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextuai evidence of the meaning of the statute shall not be considered.” In the present case, the state contends that the phrase “definite sentence” as used in § 53a-39 (a) is clear and unambiguous. The defendant, however, claims that the phrase “definite sentence” by itself is not clear and unambiguous. We agree with the defendant, and, like the Appellate Court, we conclude that, “on its face, the phrase [definite sentence] is equally capable of either of the interpretations advocated by the parties . . . and is, therefore, ambiguous.” State v. Adam H., supra, 54 Conn. App. 392. We therefore are not limited to the text of § 53a-39 (a) in determining its meaning. When the meaning of the statute is not plain and unambiguous, “we [also] look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter for [interpretative guidance].” (Internal quotation marks omitted.) State v. Lutters, 270 Conn. 198, 205-206, 853 A.2d 434 (2004).

[77]*77Our analysis starts with the relevant text of § 53a-39.

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Cite This Page — Counsel Stack

Bluebook (online)
861 A.2d 1155, 272 Conn. 72, 2004 Conn. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyd-conn-2004.