State v. Darden

The defendant was found guilty by a jury of the crime of robbery in the second degree, in violation of General Statutes § 53a-135 (a) (2). He was sentenced to a term of not less than five nor more than ten years’ imprisonment, and the sole issue presented on appeal is the constitutionality of General Statutes § 53a-35 (c) (2) (B), 1 which requires that persons convicted of second degree robbery be sentenced to a five-year minimum term which cannot be suspended or reduced. The defendant argues that this statute is an impermissible usurpation of the judicial power by the legislature, in…