Doe v. Commissioner of Correction
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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** JAMES DOE v. COMMISSIONER OF CORRECTION (AC 25493) Flynn, Bishop and McLachlan, Js. Submitted on briefs February 24 officially released May 10, 2005 (Appeal from Superior Court, judicial district of Tolland, Fuger, J.) Kenneth Paul Fox, special public defender, filed a brief for the appellant (petitioner). Michael E. O Hare, supervisory assistant state s attorney, Melissa L. Streeto, deputy assistant state s attorney, and Jo Anne Sulik, assistant state s attorney, filed a brief for the appellee (respondent). Opinion PER CURIAM. The petitioner, James Doe, appeals from the judgment of the habeas court following the denial of his petition for certification to appeal from the denial of his amended petition for a writ of habeas corpus in which he claimed that he was being incarcerated illegally due to the improper application of presentence confinement credit to his sentence on criminal charges. We dismiss the appeal. After a careful review of the record and briefs, we conclude that in light of General Statutes ยง 18-98d (a) (1), which governs the application of credit for presentence confinement, the court correctly determined the amount of credit to which the petitioner was entitled on the sentence for his underlying conviction of assault in the first degree and properly concluded that he was unable to accrue credit toward that sentence once he began serving another sentence for violation of probation. We further conclude that this sentence structure did not violate the petitioner s plea agreement with the state in the assault file. Because the court s decision on the merits comports with the applicable statutes and is amply supported by the record, the petitioner cannot demonstrate (1) that the issues raised are debatable among jurists of reason, (2) that any court could resolve the issues in a different manner or (3) that the questions raised deserve encouragement to proceed further. See Lozada v. Deeds, 498 U.S. 430, 431 32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991). As the petitioner has failed to satisfy any of the Lozada criteria necessary to show that the court abused its discretion, his appeal from the court s denial of certification is frivolous and should be dismissed. See Simms v. Warden, 230 Conn. 608, 616, 646 A.2d 126 (1994). The appeal is dismissed.
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