State v. Polanco
Annotate this CaseDefendant Jose Polanco was convicted of sale of narcotics in violation of Conn. Gen. Stat. 21a-277(a) and sale of narcotics within 1500 feet of a school in violation of Ohio Gen. Stat. 21a-278a(b). The trial court sentenced Defendant to ten years in prison suspended after four years for violating Section 21a-277(a) and three years for violating Section 21a-278a(b), for a total effective sentence of thirteen years imprisonment, execution suspended after seven years, with three years of probation. The appellate court affirmed. Defendant subsequently filed a motion to correct an illegal sentence, claiming that the trial court illegally sentenced him by (1) suspending the execution of his sentence for violating Section 21a-277(a) without imposing a period of probation; (2) imposing a period of probation without suspending any portion of the term of imprisonment for violating Section 21a-278a(b); and (3) adding the mandatory three year term of imprisonment for violating Section 21a-277(a) to his ten year total sentence for violating Section 21a-277(a). The second trial court denied Defendant's motion to correct. The Supreme Court affirmed, holding that the trial court imposed a valid sentence on Defendant and that the second trial court properly exercised its discretion in denying Defendant's motion.
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