Opinion
No. CR95-478387
November 23, 2004
MEMORANDUM OF DECISION
The petitioner, Rafael Fernandez, was convicted by a three-judge panel of the crime of Murder in violation of General Statutes § 53a-54a. He received a sentence of 55 years. He was also convicted of Arson in the First Degree, in violation of General Statute § 53a-111(a)(1) and received 10 years concurrent. The total effective sentence was 55 years incarceration.
On August 30, 1995 Hartford Fire Department responded to a fire on Sisson Avenue. They found an expired male victim inside sustaining stab wounds to his upper body.
Information revealed that Rafael Fernandez entered the apartment on the night of the incident. A short time later the fire was noted. Fernandez was treated at a local hospital for an injury to his hand, which he claimed was due to a cooking accident. Nevertheless he appeared worried.
The petitioner knew the victim and he was identified as being in the apartment on that night. Also, his DNA and blood were found in the apartment.
Counsel for the petitioner initially informs the Division the petitioner acted as pro se counsel in front of the three-judge panel. Counsel acted only as standby for the petitioner. Counsel contends that parts of the petitioner's life were not taken into consideration at the time of sentencing. This was an aberrant offense. He had no prior criminal history. He (the petitioner) regrets the remarks he made at sentencing.
The state argued the victim had multiple stab wounds. The petitioner attempted to set a forty-seven unit apartment building on fire.
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 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., and the Connecticut General Statutes § 51-194 et seq.
Although counsel for the petitioner believes the sentencing panel failed to consider all of his client's personal history, the panel clearly indicates they looked at and evaluated the petitioner's past. They state at page nine of the sentencing transcript "[y]our lack of history has been taken into account. But we have considered the magnitude of the crime, the fact that the fire, the involvement of other persons, and the potential for innocent lives to be taken with respect to this sentence."
This was a violent taking of one life. The fact the Hartford Fire Department responded promptly is the sole reason more lives were not lost. The three-judge sentencing panel clearly and appropriately evaluated those facts into their sentence.
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.
Ianotti, J.
Miano, J.
Holden, J.
Iannotti, J., Miano, J., and Holden, J. participated in this decision.