State v. Ward
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The Supreme Court reversed the judgment of the appellate court affirming the trial court's dismissal of Defendant's motion to correct a sentence imposed in an illegal manner, holding that the appellate court erred in concluding that the trial court lacked subject matter jurisdiction to correct the sentence.
Defendant pleaded guilty to manslaughter in the first degree and assault in the first degree. The trial court sentenced him to a total term of twenty-five years of incarceration. Defendant later filed a motion to correct, arguing that the trial court imposed the sentence in an illegal manner. The trial court concluded that it lacked subject matter jurisdiction over his motion to correct on the ground that the motion constituted a collateral attack on Defendant's conviction, not his sentence. The appellate court affirmed, holding that Defendant had failed to raise a colorable claim within the scope of Practice Book 43-22. The Supreme Court reversed, holding (1) Defendant showed a possibility that a factual basis necessary to establish jurisdiction existed; and (2) therefore, the appellate court improperly affirmed the trial court's dismissal of Defendant's motion to correct.
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