Ventura v. Lopes

524 A.2d 662, 10 Conn. App. 546, 1987 Conn. App. LEXIS 911
CourtConnecticut Appellate Court
DecidedApril 21, 1987
Docket5032
StatusPublished
Cited by4 cases

This text of 524 A.2d 662 (Ventura v. Lopes) 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
Ventura v. Lopes, 524 A.2d 662, 10 Conn. App. 546, 1987 Conn. App. LEXIS 911 (Colo. Ct. App. 1987).

Opinion

Borden, J.

The petitioner appeals from the judgment of the trial court denying his petition for a writ of habeas corpus. He claims that, under the unique circumstances of this case, the court erred in rejecting his claim that his guilty pleas were the result of ineffective assistance of counsel and were, therefore, not made knowingly, intelligently and voluntarily. We find no error.

On October 17, 1983, the petitioner pleaded guilty under the Alford doctrine1 to two separate substitute informations, each charging him with one count of sexual assault in the first degree. The court, DeMayo, J., imposed consecutive sentences of fifteen years on each information, for a total effective sentence of thirty years. On appeal to this court, we rejected the petitioner’s claims of certain procedural improprieties in the sentences. See State v. Ventura, 8 Conn. App. 148, 510 A.2d 1379 (1986). In that case we noted that this separate appeal was pending. Id., 150 n.3.

The petitioner’s habeas corpus petition alleged that he was represented in the criminal cases by attorneys Paul J. Yamin and Martin J. Minnella. He alleged that before he entered his guilty pleas he was told the following by his counsel: If he pleaded guilty he would receive concurrent sentences and would serve five years; he would be sent to Whiting Forensic Institute (Whiting) for evaluation and, if found suitable, he would serve his sentence there rather than in prison. He further alleged that he entered his guilty pleas in reliance on these statements, that they were misrepresentations, and that they constituted ineffective assistance of counsel rendering his pleas involuntary.

On June 28,1985, the court, Kline, J., held an evidentiary hearing on the habeas petition. The petitioner [548]*548introduced a letter to him from Yamin, dated September 19, 1983, approximately three weeks prior to the entry of his pleas on October 7,1983. The letter, which was on the letterhead of Yamin and Minnella, Attorneys at Law, stated in part: “Dear Peter: The alternative which you have at your disposal is as follows: to plead guilty to one count on each file. The sentence will run concurrently which would mean that you would serve a minimum of five years.

“Simultaneously, the pleading to these charges you will be sent to the Forencis [sic] Institute in Hartford for 60 days. During the 60 days you will be evaluated by psychiatrists to determine if it is to your best interest to remain there for psychiatric treatment.

“In the event that you do not qualify, then upon termination of the 60 days, you will complete your sentence at Somers or at some other facility at the discretion of the Commissioner of correction.”

In the letter, Yamin stated that if the petitioner did not “accept this program,” he faced a trial on eight counts, which could result in a minimum sentence of forty years, and that he was likely to be convicted. The letter also strongly recommended that he accept this disposition of his cases. The letter concluded: “These are the only alternatives available to you. Please be prepared to make a decision at your Court appearance on September 22,1983.”2 The petitioner testified that, on [549]*549the basis of this letter, he understood if he pleaded guilty to one count of each of the two informations pending against him he would receive concurrent sentences, a minimum sentence of five years, and a psychiatric evaluation at Whiting. He further testified that this understanding was the sole basis for his pleas. He claimed that Minnella, who handled the plea and sentencing proceedings, had told him that although the state was going to recommend a sentence of thirty years subject to his right to argue for less, the deal was secretly set for concurrent sentences of five years. He claims that Minnella directed him not to say anything at the sentencing proceeding to prevent spoiling the deal. He further testified that Yamin had given him no assurances with respect to his sentence other than those contained in the letter.

The transcript of the plea proceedings of October 7, 1983, introduced in the habeas corpus hearing, discloses [550]*550that the state filed two substituted informations, reducing a total of twenty-one counts to two counts. The petitioner was represented in these proceedings by Minnella. He vacated his prior not guilty pleas and entered two guilty pleas under the Alford doctrine. The state and Minnella represented to the court that the state would recommend a maximum sentence of fifteen years on each count, to run consecutively to each other, with the right of the petitioner to argue for a lesser sentence. The court, DeMayo, J., conducted a meticulous canvass. In the course of the canvass, the petitioner acknowledged that his pleas were voluntary, that he was satisfied with the representation of Minnella and Yamin, that he understood that the maximum sentence on each count was twenty years which could be imposed consecutively, and that he understood the state’s recommendation to be for a total of thirty years subject to his right to argue for less. He also stated that the state’s recommendation was the sole condition of the plea discussions, and that, other than the ceiling of thirty years placed on the sentence, no other promises were made to him to cause him to plead guilty.3

Although the petitioner had not completed his case, the respondent warden of Somers Correctional Insti[551]*551tution was permitted to call the next witness out of order at the habeas corpus hearing on June 28, 1985. The respondent called Yamin who testified that, in their firm, he handled civil cases primarily and Minnella handled criminal cases. In their representation of the petitioner, he acted as liaison with the petitioner’s family, although he also examined the state’s files and interviewed various people in preparation for trial. He attempted to explain the letter to the petitioner as something other than a representation of a plea bargain. He also testified that he never spoke with the petitioner.

The final witness at the hearing was the petitioner’s mother. She testified that Yamin had led her to believe that the petitioner was going to receive concurrent sentences of five years and an evaluation at Whiting, and that she encouraged the petitioner to accept such a sentence. She further testified that, on the day before he pleaded guilty, the petitioner told her that Yamin and Minnella had asked him if he would plead guilty in exchange for a sentence of ten years. She also testified to a meeting which took place that night at which Yamin and Minnella for the first time told the Ventura family that at the sentencing to take place the following day the petitioner might get as much as thirty years.4

At the close of court on June 28, 1985, the hearing was continued “to a day uncertain” because of Judge Kline’s schedule. At that point, the respondent had not presented his entire case in response to the petitioner’s habeas corpus petition.

Nonetheless, on August 8, 1985, the court filed a memorandum of decision granting the petition for a [552]*552writ of habeas corpus, and remanding the case for trial on the original twenty-one counts.

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Related

Vincente v. Warden, No. 423257 (Nov. 2, 1999)
1999 Conn. Super. Ct. 14467 (Connecticut Superior Court, 1999)
McGregor v. Warden, No. Cv 93 0001691 S (Aug. 22, 1994)
1994 Conn. Super. Ct. 8353 (Connecticut Superior Court, 1994)
Ventura v. Lopes
528 A.2d 1155 (Supreme Court of Connecticut, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
524 A.2d 662, 10 Conn. App. 546, 1987 Conn. App. LEXIS 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ventura-v-lopes-connappct-1987.