Opinion
HHDCR11655775
04-26-2016
State of Connecticut v. Jaysan Young (#350496)
Filed May 24, 2016
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
SENTENCE MODIFIED
The petitioner is Jaysan Young. He was convicted after a jury trial of Attempted Assault in the First Degree, Risk of Injury to a Minor, Conspiracy to Commit Assault in the First Degree, Carrying Pistol Without a Permit, and Criminal Possession of a Firearm. On July 18, 2013, the petitioner was sentenced to a total effective sentence of 41 years to serve.
The facts that led to the petitioner's convictions are as follows: At approximately 3 p.m. on November 21, 2011, Hartford police responded to shots fired near a home. Two black males were carrying guns, firing shots, and then seen running into local backyards. Police saw two males run into an elementary school, they were sweating and breathing hard. Police surrounded and apprehended them in a school cafeteria. Officers found guns, clothing and spent casings along the route where the males ran. A dog tracked the trail from the cafeteria back to the scene of the shooting and also found witnesses who identified the offender and Bunkley as the shooters. One witness who was with a three-year-old child stated that the males fired shots in front of them, and she was almost struck by the gunfire. She identified the offender and Bunkley as the two shooters. See State v. Young, 157 Conn.App. 544, 117 A.3d 944 (2015).
Bunkley was one of the two captured in the cafeteria. He told officers that he had found a handgun, smoked marijuana and decided to test the gun by shooting in to the air. He then tossed the gun behind a garbage can and walked to the school where he was apprehended.
Counsel for the petitioner argued that the sentence was disproportionate and inappropriate. At the time of sentencing, the petitioner was 22 years old. The record revealed that the petitioner had a minimal employment history and had been incarcerated most of his adult life. Counsel argued, that in spite of the petitioner's background, the division should take into account petitioner's young age and also consider the very important fact that no one was injured. The record also revealed that at the time of the petitioner's sentencing, his attorney argued to the court that the petitioner was not found guilty of murder or attempted murder. Counsel for the petitioner is asking that all sentences run concurrent to each for a total effective sentence of 15 years to serve.
Counsel for the state argued that the petitioner's sentence was fair and appropriate. That this was a very dangerous situation, the act of two individuals shooting weapons in a public place especially as school was getting out. Parents and children were in the area and yet the pair emptied their guns of all the live ammunition. The petitioner showed no remorse and proclaimed his innocence despite the fact his DNA was found on empty spent casings.
Pursuant to Connecticut Practice Book § 43-23 et seq., the Sentence Review Division is limited in the scope of its review. The Division is to determine whether the sentence imposed " should be modified because it is inappropriate or disproportionate in the light of the nature of the offense, the character of the offender, the protection of the public interest and the deterrent, rehabilitative, isolative and denunciatory purposes for which the sentence was intended." The Division is without authority to modify sentences except in accordance with the provisions of Connecticut Practice Book § 43-23 et seq. and Connecticut General Statutes § 51-194 et seq.
After a careful review of the record the total effective sentence of 41 years is excessive and disproportionate to others similarly situated. The Division makes this finding in light of the particular circumstances of this case. Of particular importance is the age of the petitioner at the time of the offense and the fact that no one was injured.
Accordingly, pursuant to Connecticut General Statutes Section 51-196, the Division remands the matter to the Superior Court in the Judicial District of Hartford and the Superior Court shall re-sentence the petitioner as follows:
Docket # HHD CR11-655775;
Attempted Assault in the First Degree--fifteen years;
Risk of Injury to a Minor--ten years consecutive to count one;
Conspiracy to Commit Assault in the First Degree--ten years concurrent;
Carrying Pistol W/O permit--three years (one year mandatory/minimum) concurrent;
Criminal Possession of Firearm--three years concurrent;
Therefore the total effective sentence for the petitioner is twenty-five years to serve.
The Sentence is Modified.
James P. Ginocchio, Judge
Brian T. Fischer, Judge
Arthur C. Hadden, Judge
Ginochio, J., Fischer, J., and, Hadden, J. participated in this decision.