Opinion
No. CV 05-4000286-S
October 9, 2007
Memorandum of Decision
The petitioner was sentenced on April 10, 2003 to eighteen months in prison for violation of probation with an underlying offense of conspiracy to commit assault in the second degree. On September 10, 2003, the petitioner was sentenced to five and one-half concurrent years in prison for sale of narcotics. The petitioner claims in this habeas petition that he is eligible for parole after serving fifty percent of his sentence on the sale of narcotics, which the Department of Correction classifies as nonviolent under General Statutes § 54-125a.
In Baker v. Commissioner of Correction, 281 Conn. 241, 914 A.2d 1025 (2007), our Supreme Court held that "parole eligibility under § 54-125a does not constitute a cognizable liberty interest sufficient to invoke habeas jurisdiction." Id., 261-62. The present case raises the same statutory issue. Accordingly, under Baker, the court does not reach the merits and dismisses the petition for lack of jurisdiction.
It is so ordered.