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kensgrl4life
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My name is Jeanie and I have spent hours researching Conecticut laws, sentencing guidelines etc. I have found a lot of the information I need but I'm at a stand still now. There are a couple things that are very important for me to find out. I will try to make it as brief as possible. Thanks in advance to anyone who can help. Ok first of all my boyfriend is a convicted larceny offender, but what I am trying to find out is if he can be or will be convicted as a persistent serious felony offender or a persistent felony offender. From what I see, to be considered a persistent serious felony offener you have to fit into this.....
C. Persistent Serious Felony Offender - General Statutes § 53a-40 (c)
The defendant has been charged as a persistent serious felony offender under General Statutes § 53a-40 (c).
The defendant stands convicted of [insert appropriate felony].2 The state now alleges that prior to the commission of [ ], the defendant was imprisoned under an imposed term of more than one year or of death in [this state] [any other state] [a federal correctional institution] for a crime.3
The state must only prove beyond a reasonable doubt that the defendant served some amount of time in confinement under a sentence having a term that exceeded one year. The crucial element of the statute is that the imposed term exceeded one year; however, the defendant is not required to actually serve one year in prison but is only required to have been imprisoned.4
Therefore, if you find that the defendant was convicted of [ ] and imprisoned under an imposed term of more than one year or death in [insert appropriate location], you must find that the defendant is a persistent serious felony offender.
Ok, so this is long sorry. But does my boyfriend fit into this criteria? He is charged with Larceny 1 which is a class a felony, but he has never served a sentence of more than a year for a felony, he did serve 15 months that was for a VOP, which leads me to my next question is violation of probation a felony in CT? Also, I'm just not sure if the "one year" they speak of has to be actually related to a felony or just any "one year" for any reason and does it have to be time actually served in jail. Does time time spent in a rehab as a condition of release count? Wow, I know I'm really asking a lot with this one, but please help me if you can. I will relly really appreciate it. Thanks again!!
Jeanie
C. Persistent Serious Felony Offender - General Statutes § 53a-40 (c)
The defendant has been charged as a persistent serious felony offender under General Statutes § 53a-40 (c).
The defendant stands convicted of [insert appropriate felony].2 The state now alleges that prior to the commission of [ ], the defendant was imprisoned under an imposed term of more than one year or of death in [this state] [any other state] [a federal correctional institution] for a crime.3
The state must only prove beyond a reasonable doubt that the defendant served some amount of time in confinement under a sentence having a term that exceeded one year. The crucial element of the statute is that the imposed term exceeded one year; however, the defendant is not required to actually serve one year in prison but is only required to have been imprisoned.4
Therefore, if you find that the defendant was convicted of [ ] and imprisoned under an imposed term of more than one year or death in [insert appropriate location], you must find that the defendant is a persistent serious felony offender.
Ok, so this is long sorry. But does my boyfriend fit into this criteria? He is charged with Larceny 1 which is a class a felony, but he has never served a sentence of more than a year for a felony, he did serve 15 months that was for a VOP, which leads me to my next question is violation of probation a felony in CT? Also, I'm just not sure if the "one year" they speak of has to be actually related to a felony or just any "one year" for any reason and does it have to be time actually served in jail. Does time time spent in a rehab as a condition of release count? Wow, I know I'm really asking a lot with this one, but please help me if you can. I will relly really appreciate it. Thanks again!!
Jeanie