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STATE v. MCFARLAND

(12549)

36 Conn. App. 440 (1994)

STATE OF CONNECTICUT v. WILLIE MCFARLAND

Appellate Court of Connecticut.

Decision released December 20, 1994.

Attorney(s) appearing for the Case

Brian S. Carlow, assistant public defender, with whom, on the brief, was Michael Alevy, legal intern, for the appellant (defendant).

Pamela S. Meotti, deputy assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and James Clark, assistant state's attorney, for the appellee (state).

DUPONT, C. J., and LAVERY and HEIMAN, JS.

DUPONT, C. J.

The defendant appeals from the trial court's judgments revoking his probation and committing him to the custody of the commissioner of correction to serve a sentence of six years. The only issue on appeal is whether the defendant could be lawfully subjected to a charge of violating his probation for conduct committed at a time when he had been mistakenly released from prison and had not yet served his properly calculated prison term.

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