State v. Arnold

Citations

• 205 Conn. App. 863

Syllabus

The defendant, who had been convicted of the crimes of murder, kidnapping, capital felony, larceny in the first degree and robbery in the first degree and sentenced to a total effective term of seventy years of imprisonment without the possibility of parole, appealed from the judgment of the trial court denying in part his motion to correct an illegal sentence. At the hearing on his motion, the defendant, who was seventeen years old at the time he committed the crimes, claimed that his capital felony conviction and sentence had to be vacated because, under No. 15-84 of the 2015 Public Acts, individuals who were juveniles at the time of their offense no longer could be sentenced for capital felony and that the remainder of his sentence was illegal because the sentencing court violated the prohibition against double jeopardy by imposing his sen- tence for murder in conjunction with his sentence for capital felony. The trial court vacated the defendant's capital felony conviction and sentence but denied any further relief. Held that the defendant's claim, raised for the first time on appeal, that his right to due process was violated because the sentencing court relied on materially inaccurate information at his sentencing, namely, that it failed to recognize, as required by Miller v. Alabama (567 U.S. 460) and State v. Riley (315 Conn. 637), that juveniles are different from adults for purposes of sentencing, was not reviewable under State v. Golding (213 Conn. 233), the record having been inadequate for review. Argued May 12—officially released July 20, 2021