Legal Opinion · Dissent

State v. Lawrence

Connecticut Appellate Court

Decided October 4, 2005No. AC 24716Published

1Dissent

DUPONT, J., with whom FLYNN and McLACHLAN, Js.,

join, dissenting. I respectfully dissent. The majority construes the motion to correct an illegal sentence filed by the defendant, Tarrance Lawrence, and brought pursuant to Practice Book § 43-22, as an attempt to attack the validity of his underlying conviction, rather than the legality of his sentence, and concludes that the court lacked subject matter jurisdiction for such an attack. I believe the defendant is attacking the legality of his sentence, which rests on his claim that his underlying conviction was illegal. The question *777is whether…

2Cases cited12 opinions

  1. Cobham v. Commissioner of CorrectionSupreme Court of Connecticut · 2001
  2. State v. CatorSupreme Court of Connecticut · 2001
  3. Coppola v. CoppolaSupreme Court of Connecticut · 1998
  4. State v. RaucciConnecticut Appellate Court · 1990
  5. State v. LuziettiSupreme Court of Connecticut · 1994

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