State v. LaMotte

210 Conn. App. 44
CourtConnecticut Appellate Court
DecidedJanuary 18, 2022
DocketAC43973
StatusPublished

This text of 210 Conn. App. 44 (State v. LaMotte) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. LaMotte, 210 Conn. App. 44 (Colo. Ct. App. 2022).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** STATE OF CONNECTICUT v. JOHN H. LAMOTTE (AC 43973) Prescott, Cradle and DiPentima, Js.

Syllabus

Convicted, on pleas of guilty, of two counts of the crime of robbery in the first degree, the defendant appealed to this court, claiming that the trial court improperly denied his request for an evidentiary hearing on his motion to withdraw the pleas. The defendant had been facing a maximum sentence of forty years of imprisonment on the robbery charges. After trial commenced on those charges, the defendant pleaded guilty in exchange for a sentence of six and one-half years of imprisonment followed by seven years of special parole. The trial court accepted the pleas after canvassing him and determining that the pleas were know- ingly and voluntarily made with the assistance of competent counsel. The court denied the motion to withdraw the guilty pleas after conducting a hearing during which the defendant claimed that he was under duress during the plea proceeding because he had learned during the trial that an inspector from the state’s attorney’s office had coerced and given false information to a witness who had not yet testified. The defendant further asserted that his trial counsel rendered ineffective assistance because, inter alia, they failed to pursue an alibi defense on his behalf. Held that this court could not conclude that the trial court abused its discretion by not affording the defendant an evidentiary hearing on his motion to withdraw the guilty pleas, as the trial court afforded him ample opportunity to present his claims, clearly addressed each of his arguments appropriately as they were presented and, relying on the transcript of the plea proceeding, concluded that there was no basis for them: as to the ineffective assistance of counsel claim, the court noted that the defendant had indicated on various occasions during the plea canvass that he was satisfied with his counsel, the defendant failed to demonstrate an adequate factual basis to support an evidentiary hearing as to his counsel’s alleged failure to pursue the alibi defense, as the defendant indicated during the plea canvass that he understood that, by pleading guilty, he was giving up the right to put on any defenses he might have had, he did not complain then or at any other time that his counsel failed to pursue the alibi defense, the defendant did not proffer facts in support of that defense or claim that he had ever dis- cussed it with his counsel prior to pleading guilty, and neither he nor his counsel proffered whether the defendant possessed such evidence or informed counsel that such evidence existed; moreover, the transcript of the plea proceeding conclusively refuted the defendant’s claim of coercion by the state’s inspector, as the defendant knew of that incident before pleading guilty, and at no time during the plea proceeding did he mention it to the court. Argued October 21, 2021—officially released January 18, 2022

Procedural History

Substitute information charging the defendant with two counts of the crime of robbery in the first degree, and with one count each of the crimes of larceny in the third degree and larceny in the fourth degree, brought to the Superior Court in the judicial district of New London and tried to the jury before Jongbloed, J.; there- after, the defendant was presented to the court, Strackb- ein, J., on pleas of guilty to two counts of robbery in the first degree; subsequently, the court, Strackbein, J., denied the defendant’s motion to withdraw the pleas and rendered judgment of guilty; thereafter, the state entered a nolle prosequi as to the charges of larceny in the third degree and larceny in the fourth degree, and the defendant appealed to this court. Affirmed. Jennifer B. Smith, assistant public defender, for the appellant (defendant). Sarah Hanna, senior assistant state’s attorney, with whom, on the brief, were Michael L. Regan, state’s attorney, and Jennifer F. Miller, former assistant state’s attorney, for the appellee (state). Opinion

CRADLE, J. The defendant, John H. LaMotte, appeals from the judgment of conviction rendered by the trial court following the denial of his motion to withdraw his guilty pleas. On appeal, the defendant claims that the court improperly denied his request for an evidentiary hearing on his motion to withdraw those pleas. We disagree and, accordingly, affirm the judgment of the trial court. The record reveals the following relevant procedural history. In connection with the defendant’s alleged com- mission of two bank robberies in Groton, on December 6, 2016, and September 18, 2017, the defendant was charged, by way of a substitute information dated May 8, 2019, with two counts of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4), one count of larceny in the third degree in violation of Gen- eral Statutes § 53a-124 (a) (2), and one count of larceny in the fourth degree in violation of General Statutes § 53a-125. On May 28, 2019, after his jury trial com- menced,1 the defendant pleaded guilty, under the Alford doctrine,2 to two counts of robbery in the first degree pursuant to a plea agreement. In exchange for those pleas, the defendant agreed to a total effective sentence of six and one-half years of incarceration, followed by seven years of special parole. The court canvassed the defendant, found that the pleas were knowingly and voluntarily made with the assistance of competent counsel and accepted them. The court ordered a presen- tence investigation and continued the case for sentenc- ing. Thereafter, the defendant sent a letter, dated June 28, 2019, to the court, seeking to withdraw his guilty pleas on the grounds of a claimed conflict of interest and ineffective assistance of counsel, and asked that new counsel be appointed to represent him. On August 7, 2019, the defendant and his counsel appeared before the court for sentencing, at which time the court addressed the letter it had received from the defendant. The court allowed defense counsel to withdraw, at counsel’s request, from the defendant’s case. The court indicated that it would conduct a hearing on the defen- dant’s motion to withdraw his guilty pleas and explained to the defendant that he would be assigned new counsel to represent him at that hearing. Thereafter, the defen- dant told the court that his attorney had a conflict of interest that was not disclosed to him for sixteen months, and, thus, he ‘‘wasn’t being defended.’’ He stated: ‘‘I was brain-dead because they had a fake wit- ness come in, and then they did nothing about it at the trial. . . .

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Bluebook (online)
210 Conn. App. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lamotte-connappct-2022.