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STATE v. BOYD

No. 17192.

861 A.2d 1155 (2004)

272 Conn. 72

STATE of Connecticut v. Wayne BOYD.

Supreme Court of Connecticut.

Decided December 21, 2004.

Attorney(s) appearing for the Case

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

Julia K. Conlin, deputy assistant state's attorney, with whom, on the brief, were Michael Dearington, state's attorney, and Kevin Doyle, assistant state's attorney, for the appellee (state).

SULLIVAN, C.J., and BORDEN, NORCOTT, VERTEFEUILLE and ZARELLA, Js.

VERTEFEUILLE, J.

The dispositive issue in this appeal is whether the trial court properly determined that it lacked jurisdiction under General Statutes § 53a-391 to consider the motion filed by the defendant, Wayne Boyd, for modification of his sentence. Section 53a-39(a) permits the trial court to modify a "definite sentence of three years or less" without the agreement of the state's attorney. The trial court in the present case...

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