Commissioner of Correction v. Gordon

The dispositive issue in this appeal is whether the intended aggregate sentence imposed by the trial court or the mittimus controls an incarcerated person’s total effective sentence. The plaintiff in error, the commissioner of correction (commissioner), brings a writ of error challenging the decision of the habeas court, Sferrazza, J., that reduced the total aggregate sentence of the defendant in error, Horatio Gordon (petitioner), from fifteen to thirteen years imprisonment. We reverse the decision of the habeas court.

It is undisputed that, on February 3,1986, the state and the petitioner…