Summary
The Connecticut Appellate Court affirmed the denial of Ackeem Riley’s motion to modify his seventy-year sentence under General Statutes § 53a-39. The court held that the trial court did not improperly limit its consideration to the specific sentence reduction requested, did not require an admission of guilt as a prerequisite to modification, and did not abuse its discretion in finding no good cause for reducing the sentence.
Holdings
- The trial court did not improperly refuse to consider a more moderate sentence reduction. Read as a whole, the trial court's decision showed that it concluded the seventy-year sentence remained appropriate and that good cause for modification had not been established.
- The trial court did not require Riley to admit guilt as a categorical prerequisite to sentence modification. The court permissibly considered his failure to accept responsibility as one factor bearing on rehabilitation, while independently concluding that the sentencing purposes of deterrence, retribution, incapacitation, and victim vindication supported denial of the motion.
- The trial court did not abuse its discretion in finding that Riley failed to establish good cause to modify his seventy-year sentence.
Questions Presented
- Whether the trial court improperly failed to consider a sentence reduction other than the twenty-eight-year reduction specifically requested by the defendant.
- Whether the trial court improperly required the defendant to admit guilt as a predicate to sentence modification.
- Whether the trial court abused its discretion in concluding that the defendant failed to establish good cause for sentence modification under General Statutes § 53a-39.
Disposition
affirmed
Cases Cited (16)
- State v. Riley, 140 Conn. App. 1, 58 A.3d 304 (2013), rev'd on other grounds, 315 Conn. 637, 110 A.3d 1205 (2015), cert. denied, 577 U.S. 1202, 136 S. Ct. 1361, 194 L. Ed. 2d 376 (2016)(relied upon for underlying facts and procedural history)
- State v. Riley, 315 Conn. 637, 110 A.3d 1205 (2015), cert. denied, 577 U.S. 1202, 136 S. Ct. 1361, 194 L. Ed. 2d 376 (2016)(relied upon)
- State v. Riley, 190 Conn. App. 1, 209 A.3d 646, cert. denied, 333 Conn. 923, 217 A.3d 993 (2019)(relied upon)
- Miller v. Alabama, Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012)(described)
- Graham v. Florida, Graham v. Florida, 560 U.S. 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010)(described)
- State v. Barnes, 227 Conn. App. 760, 770, 323 A.3d 1166, cert. denied, 350 Conn. 922, 325 A.3d 1093 (2024)(relied upon)
- State v. Brelsford, 227 Conn. App. 53, 61, 319 A.3d 763, cert. denied, 350 Conn. 912, 324 A.3d 142 (2024)(relied upon)
- White v. Latimer Point Condominium Assn., Inc., 191 Conn. App. 767, 780-81, 216 A.3d 830 (2019)(relied upon)
- Tracey v. Miami Beach Assn., 216 Conn. App. 379, 395, 288 A.3d 629 (2022), cert. denied, 346 Conn. 919, 291 A.3d 1040 (2023)(relied upon)
- Davis v. Commissioner of Correction, 198 Conn. App. 345, 357 n.4, 233 A.3d 1106, cert. denied, 335 Conn. 948, 238 A.3d 18 (2020)(relied upon)
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