State v. Carter, 166 A.3d 910, 174 Conn. App. 749 (2017)

July 18, 2017 · Connecticut Appellate Court · AC 39271

166 A.3d 910, 174 Conn. App. 749

STATE of Connecticut
v.
Anthony CARTER

AC 39271

Appellate Court of Connecticut.

Argued June 1, 2017
Officially released July 18, 2017

Anthony Carter, self-represented, the appellant (defendant).

Timothy F. Costello, assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Richard J. Rubino, senior assistant state's attorney, for the appellee (state).

Alvord, Prescott and Kahn, Js.

PER CURIAM.

The defendant, Anthony Carter, appeals from the judgment of the trial court dismissing in its entirety his motion to correct an illegal sentence. Having thoroughly reviewed the defendant's claims on appeal, we conclude that they are wholly without merit. We agree with the state, however, that the trial court should have denied rather than dismissed the defendant's claim that the sentencing court, under the circumstances of this case, was not authorized by statute to impose consecutive sentences with respect to the defendant's convictions. The court properly dismissed the remainder of the defendant's claims.

The form of the judgment is, in part, improper, and the case is remanded with direction to render judgment denying that portion of the defendant's motion to correct an illegal sentence that claims that the court lacked statutory authority to impose consecutive sentences and dismissing the remainder of the motion.