State v. Dayvid J.

Citations

• 227 Conn. App. 755

Syllabus

Convicted, on a plea of guilty, of the crime of strangulation in the second degree, the petitioner appealed to this court from the judgment of the trial court dismissing his petition for a writ of error coram nobis because it lacked subject matter jurisdiction. In his petition, the petitioner sought permission to withdraw his guilty plea, claiming, inter alia, that his trial counsel had rendered ineffective assistance. Held that the trial court properly determined that it lacked subject matter jurisdiction over the petition for a writ of error coram nobis; because the petitioner could have raised his ineffective assistance of counsel claim in a petition for a writ of habeas corpus during his period of probation, he failed to avail himself of an alternative legal remedy available to him; moreover, this court declined the petitioner's request that this court overrule State v. Stephenson (154 Conn. App. 587), which clearly held that the prior availability of a writ of habeas corpus defeats the jurisdiction of the trial court to entertain a petition for a writ of error coram nobis, the petitioner having failed to file a motion requesting that this court hear his appeal en banc. Argued May 29—officially released September 3, 2024