State v. Lynch

Citations

• 193 Conn. App. 637

Syllabus

The defendant, who had been convicted on guilty pleas under multiple informations of three counts operating a motor vehicle while under the influence of intoxicating liquor in violation of statute (§ 14-227a), two counts of failure to appear in the second degree and of criminal trespass in the first degree, appealed to this court challenging the trial court's denial of his motion to withdraw his guilty pleas. At sentencing, the defendant made an oral motion to withdraw his guilty pleas on the ground that he was under the influence of psychotropic medication at the time he entered the plea agreement and because the plea canvass was deficient. Defense counsel also claimed that he was ineffective. The trial court denied the motion to withdraw the guilty pleas and sentenced the defendant in accordance with his pleas. Held: 1. The trial court did not abuse its discretion in failing to conduct an eviden- tiary hearing with respect to the defendant's motion to withdraw his guilty pleas; the defendant never requested an evidentiary hearing on the motion, the trial court afforded him an opportunity to be heard on his various claims, including his motion to withdraw his pleas at the sentencing hearing itself, and the defendant failed to provide an adequate factual basis to support a further hearing, as the defendant told the court during the plea canvass that he was not under the influence of drugs, alcohol or medications, he did not provide the names of any medications or claim that they rendered his guilty pleas involuntary, defense counsel's assertion that the plea canvass was deficient for failing to specify that the defendant's driver's license could be revoked perma- nently was not a reason among the grounds enumerated in the applicable rule of practice (§ 39-27) for the withdrawal of a plea, and neither defense counsel nor the defendant provided a factual basis for the assertion that defense counsel had been ineffective. 2. The defendant could not prevail on his claim