Cervantes v. Commissioner of Correction

Citations

• 231 Conn. App. 278

Syllabus

The petitioner, who had been convicted, on a conditional plea of nolo contendere, of the crimes of sexual assault in the first degree and home invasion, appealed after the habeas court denied his petition for certification to appeal from the court's judgment denying his petition for a writ of habeas corpus. The petitioner claimed, inter alia, that the habeas court improperly concluded that the sentencing court did not violate his right to due process by imposing a lengthier sentence than it offered him previously because he had pursued and failed to prevail on a motion to suppress certain statements he made to the police. Held: The habeas court did not abuse its discretion in denying the petitioner certification to appeal, the court having properly determined that he was not denied his right to due process as a result of the imposition of the lengthier sentence, and, given clear precedent on that issue, this court was not persuaded that the issue was debatable among jurists of reason, that it reasonably could have been resolved differently or that it raised questions that deserved further appellate scrutiny. Argued January 14—officially released March 11, 2025