IANNOTTI, MIANO, HOLDEN, JUDGES.
The petitioner, Abdul Mukhtaar, was convicted after a jury trial on the crime of Murder and sentenced to fifty years incarceration. It is this sentence petitioner seeks to be reviewed.
On February 14, 1996 at approximately 4:15 p.m. a male, Benjamin Sierra was driving his parents' car and was stopped at a light. Two females, Tracey Gabree and Terri Horeglad entered the car to have a cigarette or get a ride. When Sierra returned his attention to the light, he found he was blocked by another car. Tracey Gabree shouted that it was Kareem and she fled from the car. Sierra also exited the car and asked what was wrong. The petitioner did not respond, but rather pulled out a gun and fired several shots at Terri, who expired from the wounds.
Police investigation revealed that the person identified as Kareem used to be known as Kareem Brown, but since changed his name to Abdul Mukhtaar.
At the hearing before the Division, Counsel for the petitioner argued his client had an excellent academic and military history. He had no previous criminal record. He further argued that the sentence was disproportionate in light of his lack of a criminal record and the petitioner feeling he was given a harsher sentence because the conviction was for a black man killing a white woman.
The petitioner testified and maintained his innocence. He claims the case was circumstantial and the primary witness waffled on the stand.
The state simply argued that the evidence at trial was overwhelming. The trial judge stated as much at the sentencing hearing.
Pursuant to Connecticut Practice Book § 43-28 et seq. the Sentence Review Division is limited in its scope of review. The Division is to determine whether the sentence imposed "should be modified because it is CT Page 12092 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 § 42-28 et seq., and the Connecticut General Statutes § 51-195 et seq.
The reviewing Court cannot overlook the fact that the petitioner took the life of an innocent young woman. These types of violent acts cannot be tolerated by society and such acts deserve long prison terms.
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 imposed was neither inappropriate or disproportionate.
The sentence is AFFIRMED.
Iannotti, J.
Miano, J.
Holden, J.
Iannotti, J., Miano, J., and Holden, J. participated in this decision. CT Page 12093