State v. Battle

Citations

• 338 Conn. 523

Syllabus

The defendant, whose probation had been revoked after a finding of a violation thereof, appealed to the Appellate Court from the trial court's dismissal of his motion to correct the allegedly illegal sentence imposed in connection with the revocation of his probation. The defendant claimed that his sentence was illegal because the violation of probation statute (§ 53a-32 (d)) did not authorize the trial court to impose a sen- tence of special parole following a probation violation and revocation. The Appellate Court concluded that the sentence imposed was not illegal insofar as it included a period of special parole but concluded that the trial court should have denied the defendant's motion to correct rather than having dismissed it. On the granting of certification, the defendant appealed to this court. Held that, following an examination of the record and briefs on appeal and consideration of the arguments presented by the parties, this court concluded that the Appellate Court's thorough and well reasoned opinion fully addressed the issue presented, and, 524 OCTOBER, 2021 338 Conn. 523 State v. Battle accordingly, this court adopted that opinion as the proper statement of the issue and the applicable law concerning that issue. Argued October 19, 2020—officially released April 1, 2021