STATE v. MORRISON

(13566)

39 Conn. App. 632 (1995)

STATE OF CONNECTICUT v. TODD C. MORRISON

Appellate Court of Connecticut.

Decision released October 31, 1995.


Attorney(s) appearing for the Case

Kent Drager, assistant public defender, for the appellant (defendant).

John A. East, deputy assistant state's attorney, with whom was John T. Redway, state's attorney, and Russell C. Zentner, assistant state's attorney, for the appellee (state).

O'Connell, Foti and Lavery, JS.


O'CONNELL, J.

The defendant appeals from the refusal of the trial court to consider the merits of his motion for sentence reduction. The sole issue is whether the doctrine of separation of powers mandates that a Practice Book rule prevail over a conflicting statute. We affirm the judgment of the trial court.

Prior to 1982, General Statutes § 53a-39 and Practice Book § 934 both provided that a sentencing court had the discretion to reduce any<...

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