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STATE OF CONNECTICUT v. MICHAEL MCCLEAN

(AC 37380)

Lavine, Alvord and Beach, Js.*

Reconsidered April 13—officially released May 9, 2017**

(Appeal from Superior Court, judicial district of

Hartford, Clifford, J. [judgment]; Alexander, J. [motion

to correct].)

Heather Clark, assigned counsel, for the appellant

(defendant).

Melissa Patterson, assistant state’s attorney, with

whom, on the brief, were Gail P. Hardy, state’s attorney, and Michele C. Lukban and John F. Fahey, senior

assistant state’s attorneys, for the appellee (state).
Opinion

PER CURIAM. This court originally issued its decision in the present case on August 23, 2016. See State

v. McClean, 167 Conn. App. 781, 144 A.3d 490 (2016),

petition for cert. filed (Conn. September 12, 2016) (No.

160155). In our decision, we concluded that the form

of the trial court’s judgment was improper and

remanded the case ‘‘with direction to render judgment

denying the defendant’s motion to correct an illegal

sentence.’’ Id., 786.

Several months later, our Supreme Court issued its

decision in State v. Delgado, 323 Conn. 801, 151 A.3d

345 (2016), and thereafter, on February 7, 2017, issued

the following order. ‘‘No action is taken on the defendant-appellant [Michael McClean’s] petition for certification to appeal filed September 12, 2016, at this time.

It is hereby ordered, sua sponte, that the Appellate

Court’s decision in State v. Michael McClean, 167 [Conn.

App.] 781 (2016), is remanded to that court with direction to reconsider its ruling that the trial court did

have jurisdiction over the motion to correct an illegal

sentence in light of our holding in State v. Delgado, 323

Conn. 801 (2016), and State v. Boyd, 323 Conn. 816 [151

A.3d 355] (2016).’’

Upon reconsideration, we are constrained by Delgado

to conclude that the trial court properly dismissed the

defendant’s motion to correct an illegal sentence and

that its judgment should be affirmed. See State v. Delgado, supra, 323 Conn. 801.

The trial court’s dismissal of the defendant’s motion

to correct an illegal sentence is affirmed.

* The listing of judges reflects their seniority status on this court as of

the date of reconsideration.

** This case was originally decided on August 23, 2016, by the same three

member panel of this court. Thereafter, our Supreme Court, sua sponte,

directed this court to ‘‘reconsider its ruling that the trial court did have

jurisdiction over the motion to correct an illegal sentence in light of our

holding in State v. Delgado, 323 Conn. 801 [151 A.3d 345] (2016), and State

v. Boyd, 323 Conn. 816 [151 A.3d 355] (2016).’’