State v. Ramos

Citations

• 194 Conn. App. 594

Syllabus

The defendant, who had been convicted of the crime of murder, appealed to this court from the judgment of the trial court denying his motion to correct an illegal sentence. In his motion to correct, the defendant sought to have the court vacate the judgment of conviction on the ground that he was not the defendant named in the charging instrument and, thus, that the court lacked jurisdiction over him. The trial court denied the motion to correct on the ground that the claim raised therein did not challenge the legality of the sentence imposed. Held that although the trial court correctly determined that the defendant's motion to correct an illegal sentence was not the proper procedural vehicle to raise his claim concerning the legality of his conviction, the trial court should have dismissed, rather than denied, the motion to correct, as it raised claims that did not challenge the legality of the sentence imposed or the disposition made during the sentencing proceeding, and, therefore, the court lacked jurisdiction over the motion. Argued October 23—officially released November 26, 2019