State v. McKinney

Citations

• 209 Conn. App. 363

Syllabus

The defendant appealed to this court from the judgments of the trial court rendered in accordance with the jury's verdict of guilty of the crime of assault of an elderly person in the second degree and the court's finding that the defendant had violated his probation. The defendant was involved in a verbal disagreement with the victim during which he punched the victim repeatedly, which resulted in serious injuries to the victim. The defendant raised a claim of self-defense in which he asserted that he suffered injuries when the victim attacked him first with a sock that had a rock inside it. At the time of the incident with the victim, the defendant was serving a probationary sentence as a result of a previous conviction. Prior to trial, the court denied a motion he filed to correct an illegal sentence in which he challenged the validity of the prior conviction. The defendant thereafter appealed to this court from that denial but subsequently withdrew the appeal. At the sentencing proceeding on the defendant's assault conviction, the trial court declined to consider a second motion the defendant filed to correct the sentence imposed on the prior conviction. Held: 1. This court declined to review the merits of the defendant's claim that the prior trial court abused its discretion in denying his first motion to correct an illegal sentence, the defendant having waived any claims relating to that motion when he withdrew his appeal challenging its denial; there was no merit to the defendant's assertion, which contra- vened the well established law of waiver, that his filing of the second motion to correct an illegal sentence negated the withdrawal of the prior appeal and, thus, allowed him to renew his challenge to the prior trial court's denial of his first motion to correct an illegal sentence. 2. The defendant's claim that the trial court erred in certain of its evidentiary rulings was unavailing: a. The defendant's assertion that the trial court erred in excluding r