Carrasquillo v. Commissioner of Correction

Citations

• 206 Conn. App. 195

Syllabus

The petitioner, who had been convicted of murder and carrying a pistol without a permit, sought a writ of habeas corpus, claiming that his trial counsel, P, rendered ineffective assistance by failing to properly advise him concerning a plea offer. The habeas court denied the petition, concluding that P had provided the petitioner with effective assistance and, thereafter, the court granted the petition for certification to appeal, and the petitioner appealed to this court. Held that the habeas court properly denied the petition for a writ of habeas corpus and properly concluded that the petitioner was not deprived of the effective assistance of counsel: there was ample evidence in the record to support the court's findings that P advised the petitioner regarding the plea offer, the state's case against him, and the pros and cons of going to trial through exten- sive discussions, P requested several continuances to provide the peti- tioner with time to consider the plea offer, and there was evidence in the record that P did in fact recommend that the petitioner plead guilty; moreover, P's representation was not deficient, as the advice given by P was adequate for the petitioner to make an informed decision about whether to accept the plea offer, P having made the petitioner aware of the mandatory minimum sentence, discussed the state's evidence against him, including witness statements and warrant affidavits, and estimated that the petitioner had a 50/50 chance of success at trial; furthermore, there was no requirement that counsel specifically recom- mend that a client accept a plea offer, only that counsel provide an informed opinion regarding the plea offer under the circumstances of the case. Argued January 12—officially released July 27, 2021