State v. Barnes

Citations

• 227 Conn. App. 760

Syllabus

The defendant, who had previously been convicted, following a guilty plea, of, inter alia, the crime of burglary in the second degree, filed a motion for sentence modification pursuant to statute (§ 53a-39 (a)). Although the defendant was living at a halfway house at the time he filed his motion, by the time of the hearing before the trial court the defendant was on special parole. The court dismissed the motion, finding that, because the defendant was on special parole, the court lacked subject matter jurisdiction to hear the motion. On the defendant's appeal to this court, held that, although the trial court properly determined that the defendant was not entitled to a modification of his sentence pursuant to § 53a-39 (a) because he was no longer serving an ''executed period of incarceration,'' the form of the judgment was improper; because the language of § 53a-39 (a) providing that a trial court may act ''at any time during an executed period of incarceration'' is a limit to the court's statutory authority, not its subject matter jurisdiction, the court should have denied the defendant's motion rather than dismissed it. Argued May 30—officially released September 3, 2024