MIANO, HOLDEN, IANNOTTI JUDGES.
George Gaillard, petitioner, was convicted by a jury of Kidnapping in the Second Degree, a violation of Connecticut General Statutes Sec. 53a-94a, a class B felony, which statute provides a maximum sentence of incarceration of twenty years. At said trial the petitioner was acquitted of Murder and the jury could not reach a unanimous decision on the charge of Manslaughter. The petitioner was sentenced to the maximum term of 20 years on the Kidnapping Second Degree charge. It is this sentence petitioner seeks to have reviewed.
The record reflects that on March 28, 1995, at approximately 5:30 a.m. the petitioner was seen carrying a female victim who appeared to be unconscious. The female victim was known to be a cocaine addict and had been seen in a certain area for the purpose of purchasing drugs from petitioner and Larry Fuller, among others. The petitioner had been seen feuding with the victim. The witness saw petitioner carry the victim into an abandoned house. Fuller was seen walking a few feet behind and entered the house with the petitioner. A few moments later petitioner and Fuller exited from the house alone. Eight hours later, the victim was found, deceased, with stab wounds to her abdomen and a slashed throat. Fuller and petitioner left the area within 24 hours and were found in Pennsylvania. At the trial of Fuller, petitioner took full responsibility for the killing. At his trial, petitioner denied any knowledge of the incident.
At the hearing before the Division counsel for the petitioner emphasized the fact that but for the instant matter the petitioner has no prior criminal history. Counsel opined that a 20-year maximum sentence for one with no prior record is too harsh.
Counsel for the state commented on petitioner's credibility CT Page 1222 where in the first trial, that of Fuller, the petitioner testified he was solely responsible for the homicide of the victim. At his subsequent trial, petitioner testified that he lied in the Fuller trial.
Counsel for the state referred the Division's attention to the comments of the sentencing judge (transcript of February 27, 1998) wherein the court said:
Standing alone, kidnapping is a serious charge warranting a significant penalty. Here it was a violent crime. There is no mitigation in the evidence or your presentence report. Your lack of a record is not enough to overcome the more serious factors in this case. You show no remorse, you have not been a productive member of society. There is no indication you can be.
Pursuant to Connecticut Practice Book § 43-23 et seq., the Sentence Review Division is limited in the scope of its review. The Division is to determine whether the sentence imposed "should be modified because it is inappropriate or disproportionate in the light of the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes for which the sentence was intended."
The Division is without authority to modify sentences except in accordance with the provisions of Connecticut Practice Book § 43-23 et seq., the Connecticut General Statute § 51-194, et seq.
Taking into consideration the serious nature of the crime wherein a death resulted, the sentence imposed is neither inappropriate nor disproportionate.
In reviewing the record as a whole, the Division finds that the sentencing court's actions were in accordance with the parameters of Connecticut Practice Book § 43-23 et seq.
THE SENTENCE IS AFFIRMED.
MIANO, J.
HOLDEN, J.
IANNOTTI, J.
Judges Miano, Holden and Ianotti participated in this decision. CT Page 1223
CT Page 1224