State v. Reyes

229 Conn. App. 121
CourtConnecticut Appellate Court
DecidedNovember 12, 2024
DocketAC46750
StatusPublished
Cited by1 cases

This text of 229 Conn. App. 121 (State v. Reyes) 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. Reyes, 229 Conn. App. 121 (Colo. Ct. App. 2024).

Opinion

************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopin- ion motions and petitions for certification is the “offi- cially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecti- cut 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 an opinion that appear in the Connecticut Law Jour- nal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************ Page 0 CONNECTICUT LAW JOURNAL 0, 0

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STATE OF CONNECTICUT v. ANGELO REYES (AC 46750) Suarez, Clark and Lavine, Js.

Syllabus

The defendant, who had been convicted of various crimes in connection with two incidents of arson, and sentenced to a total effective term of twenty-five years of incarceration, execution suspended after fifteen years, and five years of probation, appealed from the trial court’s denial of his motion for sentence modification. The defendant claimed that the court abused its discretion in finding that he had failed to establish good cause to modify his sentence. Held:

The trial court did not abuse its discretion in determining that the defendant failed to establish good cause to warrant a sentence modification, the court having conducted an appropriate review of the information before it when it determined that the devastation and harm resulting from the seriousness of the defendant’s conduct and the fact that he had only served less than one third of his sentence outweighed his rehabilitative efforts.

Argued September 4—officially released November 12, 2024

Procedural History

Substitute information in one case charging the defendant with the crimes of arson in the second degree and conspiracy to commit criminal mischief in the first degree, and substitute information in a second case charging the defendant with the crimes of arson in the second degree, conspiracy to commit criminal mischief in the first degree, and conspiracy to commit burglary in the first degree, brought to the Superior Court in the judicial district of New Haven, where the cases were consolidated and tried to the jury before Blue, J.; ver- dicts and judgments of guilty; thereafter, the court, Har- mon, J., denied the defendant’s motion for sentence modification, and the defendant appealed to this court. Affirmed. Naomi T. Fetterman, assigned counsel, for the appel- lant (defendant). 0, 0 CONNECTICUT LAW JOURNAL Page 1

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Jonathan M. Sousa, assistant state’s attorney, with whom, on the brief, were John P. Doyle, state’s attorney, Craig P. Nowak, supervisory assistant state’s attorney, and Lisa D’Angelo, executive assistant state’s attorney, for the appellee (state). Opinion

LAVINE, J. The defendant, Angelo Reyes, appeals from the judgment of the trial court denying his motion for a sentence modification filed pursuant to General Statutes § 53a-39. On appeal, the defendant claims that the court abused its discretion in finding that he had failed to establish good cause to modify his total effec- tive sentence. We disagree and, accordingly, affirm the judgment of the trial court. The relevant facts concerning the defendant’s under- lying convictions, as stated by our Supreme Court in State v. Reyes, 325 Conn. 815, 160 A.3d 323 (2017), can be summarized as follows. In the first case, in October, 2008, the defendant, who owned a laundromat and sev- eral properties in the Fair Haven section of New Haven, paid two of his employees, Osvaldo Segui, Sr., and Osvaldo Segui, Jr. (Seguis), to set fire to a single-family residence on Downing Street in New Haven. Id., 818. The defendant was angry that one of the owners of the Downing Street property refused to sell the property back to him and, after the fire, he intended to purchase the lot of land on which the residence had stood. Id. The Seguis, who lived rent free in one of the defendant’s properties, agreed to set the fire, and, in the early morn- ing hours of October 9, 2008, they did so. Id. In a second case, in May, 2009, the defendant enlisted the Seguis to set another fire, this time to a vehicle belonging to Madeline Vargas, a local businesswoman and employee of a nonprofit substance abuse services agency operating in Fair Haven. Id., 818–19. The defendant had an ongoing dispute with Vargas concerning her attempts Page 2 CONNECTICUT LAW JOURNAL 0, 0

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to run an outreach program for locals addicted to drugs in an empty parking lot near the defendant’s laundro- mat. Id., 819. On October 9, 2014, following a jury trial on the con- solidated cases, the defendant was convicted of two counts of arson in the second degree in violation of General Statutes § 53a-112 (a) (2), two counts of con- spiracy to commit criminal mischief in the first degree in violation of General Statutes §§ 53a-115 (a) (1) and 53a-48 (a), and one count of conspiracy to commit bur- glary in the first degree in violation of General Statutes §§ 53a-101 (a) (1) and 53a-48 (a). On January 8, 2015, the court, Blue, J., imposed a total effective sentence of twenty-five years of incarceration, execution sus- pended after fifteen years, followed by five years of probation. The defendant appealed the judgments of conviction to this court, the appeal was transferred to our Supreme Court pursuant to General Statutes § 51- 199 (c) and Practice Book § 65-1, and the judgments of conviction were affirmed. Id., 833. On March 15, 2022, the defendant filed a motion for sentence modification, seeking to reduce his fifteen year sentence to four and one-half years of incarcera- tion followed by five years of probation. In the memo- randum in support of his motion, the defendant argued that good cause existed to modify his sentence due to newly discovered evidence of his innocence,1 his lack of 1 The defendant filed two petitions for a new trial based on purportedly newly discovered evidence of innocence. The appeal from the denial of the first such petition was dismissed. See Reyes v. State, 222 Conn. App. 510, 521, 306 A.3d 5 (2023) (dismissing appeal from denial of 2017 petition for new trial that raised issue of newly discovered evidence of innocence on ground that court did not abuse its discretion in denying petition for certifica- tion to appeal), cert. denied, 348 Conn. 944, 307 A.3d 910 (2024). The judg- ment on the second such petition was reversed in part on appeal and remanded for a new evidentiary hearing. See Reyes v. State, 222 Conn. App. 538, 560, 306 A.3d 515 (2023) (affirming in part dismissal of 2020 petition for new trial alleging newly discovered evidence of innocence and reversing in part on statute of limitations grounds and remanding for new evidentiary hearing). The defendant also filed a petition for a writ of habeas corpus 0, 0 CONNECTICUT LAW JOURNAL Page 3

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229 Conn. App. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reyes-connappct-2024.