State v. Ledbetter

Opinion

KATZ, J.

The primary issue in this certified appeal is whether the persistent felony offender statute, General Statutes § 53a-40 (d),1 which defines a persistent felony *319offender as one who “has been, at separate times prior to the commission of the present felony, twice convicted of a felony,” applies to a defendant who, prior to the commission of a third felony, entered simultaneous guilty pleas to two separate felonies. We conclude that § 53a-40 (d) requires a sequence of conviction and punishment for each prior offense and, therefore, does not apply to the present case. Accordingly,…