State v. Gelormino, 291 Conn. 373

Summary

The Supreme Court of Connecticut considered whether a defendant who had previously received a sentence departure under General Statutes § 21a-283a could obtain a second departure in a separate drug case. The court held that the statute’s provision barring prior invocation applied at the time of sentencing, making the defendant ineligible for a second departure. The court affirmed the judgment imposing the mandatory minimum five-year sentence.

Questions Presented

1. Whether General Statutes § 21a-283a permits a defendant to obtain a sentence departure from a mandatory minimum sentence when the defendant previously received a departure under that statute in a separate case.
2. Whether the phrase "have not previously been invoked" refers to the date of sentencing rather than the date of the defendant's plea or offense.
3. Whether applying § 21a-283