State v. Fagan

Although I agree with parts I, II A and III of the majority opinion, I disagree with the majority’s conclusion in part IIB of its opinion that the trial court properly enhanced the sentence of the defendant, Damon Fagan, under General Statutes § 53a-40b, despite the fact that it failed to canvass the defendant to ascertain whether his guilty plea to part B of the information was made knowingly and voluntarily. Specifically, I disagree with the majority’s underlying conclusion that no plea canvass was required constitutionally because the defendant was not entitled to have a jury find whether…