State v. Love

Citations

• 203 Conn. App. 692

Syllabus

The defendant, who had been convicted, on a plea of guilty, of assault in the first degree and carrying a pistol without a permit, appealed to this court from the judgment of the trial court denying his motion to correct an illegal sentence. The defendant claimed that the trial court erred by failing to appoint counsel pursuant to statute (§ 51-296 (a)) and State v. Casiano (282 Conn. 614). Held that the trial court improperly denied the defendant's motion to correct an illegal sentence without appointing counsel: the central holding of Casiano is that, pursuant to § 51-296 (a), a self-represented defendant has the right to counsel to determine whether a sound basis exists for a motion to correct an illegal sentence, and the defendant's specific reference to Casiano in his motion consti- tuted an affirmative request for counsel; accordingly, the judgment of the trial court denying the defendant's motion to correct an illegal sen- tence was reversed and the case was remanded in order for counsel to be appointed in accordance with Casiano. Argued February 4—officially released April 6, 2021