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State v. Brelsford

STATE OF CONNECTICUT v. TIMOTHY BRELSFORD

(AC 46093)

Elgo, Cradle and Westbrook, Js.

Syllabus

The defendant, who had previously been convicted, following a guilty plea,

of the crimes of kidnapping in the second degree with a firearm, attempt

to commit murder, robbery in the first degree with a deadly weapon,

and two counts of risk of injury to a child, filed a motion for sentence

modification pursuant to statute (§ 53a-39). In his motion, the defendant

provided evidence of, inter alia, his completion of several rehabilitative

programs during his incarceration. In denying the defendant’s motion,

the court stated that it had considered the factors set forth in the

statute (§ 54-125a (f) (4)) governing parole eligibility and suitability and

concluded that the defendant had not established good cause to modify

his sentence pursuant to § 53a-39 when balanced against the facts and

harm created by the serious crimes he had committed. On the defendant’s appeal to this court, held that the defendant could not prevail on

his claim that the trial court abused its discretion in finding that he had

failed to establish good cause to modify his sentence pursuant to § 53a39: although the defendant argued that the weight and value that the

court assigned to the statutory parole framework when assessing good

cause pursuant to § 53a-39 was inappropriate, he conceded that the trial

court was free to consider the factors in § 54-125 in arriving at its

conclusion; moreover, the court did not limit its consideration of the

defendant’s motion to the factors enumerated in § 54-125, and, although

the defendant argued that the court should have relied more heavily on

his rehabilitation and certain other factors, he did not cite any legal

authority that governs the degree of weight a court must afford factors

that it considers in determining whether good cause has been established.

Argued November 9, 2023—officially released July 30, 2024

Procedural History

Substitute information charging the defendant with

the crimes of kidnapping in the second degree with a

firearm, attempt to commit murder, criminal use of a

firearm during the commission of a felony, carjacking,

robbery in the first degree, and two counts of risk of

injury to a child, brought to the Superior Court in the

judicial district of New Haven, where the defendant
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State v. Brelsford

was presented to the court, Devlin, J., on a plea of

guilty to kidnapping in the second degree, attempt to

commit murder, robbery in the first degree with a

deadly weapon, and two counts of risk of injury to a

child; judgment of guilty in accordance with the plea;

thereafter, the state entered a nolle prosequi as to the

remaining charges; subsequently, the court, Harmon,

J., denied the defendant’s motion for sentence modification, and the defendant appealed to this court. Affirmed.

James E. Mortimer, assigned counsel, for the appellant (defendant).

Melissa L. Streeto, senior assistant state’s attorney,

with whom, on the brief, were John P. Doyle, Jr., state’s

attorney, and Alexander Beck, senior assistant state’s

attorney, for the appellee (state).

Opinion

CRADLE, J. The defendant, Timothy Brelsford,

appeals from the judgment of the trial court denying

his motion for modification of his sentence pursuant

to General Statutes § 53a-39. On appeal, the defendant

claims that the court abused its discretion in finding

that he had failed to establish good cause to modify

his sentence. We disagree and, accordingly, affirm the

judgment of the trial court.

The following facts related to the defendant’s underlying conviction, as set forth in the trial court’s memorandum of decision on the defendant’s motion for a

sentence modification, and procedural history are relevant to this appeal. ‘‘The defendant’s conviction stems

from an armed robbery in the town of Hamden, of which

he was also convicted. The defendant [fled to] . . .

New Haven, where a police officer observed the defendant on a corner talking to a young boy. When the officer

approached [the defendant], [the defendant] produced
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State v. Brelsford

a firearm and placed it to the head of the police officer,

[ordering] him to drive his motorcycle, with [the defendant] as a passenger, to Bridgeport in an attempt to

flee from the criminal activity and the pursuit of other

officers. The police officer rolled the motorcycle while

[the defendant] was a passenger. Both parties fell off

the motorcycle and a gun battle between [the defendant] and the police officer ensued. [The defendant]

fired shots at the police officer on a crowded street

and subsequently ran to a vehicle where there were two

adult females and two children [inside]. The defendant

ordered the two adults out of the vehicle and carjacked

the vehicle, [continuing] to fire shots at police officers

while the two children were in the rear seat of the

vehicle. The defendant subsequently crashed the vehicle and was apprehended when he attempted to flee

on foot. The two minor children suffered minor injuries

in the crash, [including] a bullet wound to the wrist of

one of the children.’’

The defendant subsequently was arrested and, on

September 15, 1995, pleaded guilty to kidnapping in the

second degree with a firearm in violation of General

Statutes § 53a-94a, attempt to commit murder in violation of General Statutes §§ 53a-49 and 53a-54a, robbery

in the first degree with a deadly weapon in violation of

General Statutes § 53a-134 (a) (2), and two counts of

risk of injury to a child in violation of General Statutes

§ 53-21. On November 20, 1995, the court, Devlin, J.,

sentenced the defendant to a total effective sentence

of forty years of incarceration.1

1 The defendant is currently serving a sentence of forty-six years and six

months of incarceration. The record reflects that the defendant had other

cases pending at the time of his sentencing in the present case. At the

defendant’s sentencing hearing on November 20, 1995, State’s Attorney

James Clark noted that the defendant had ‘‘committed armed robberies in

Hamden on that same day . . . within an hour or so of the beginning of

this sequence of events, and a day earlier in Guilford. In addition to that,

he has pending, I believe, seven felony and two misdemeanor cases in other

jurisdictions, which we know as a practical matter are going to be wrapped

up into this sentence once this sentence is imposed . . . .’’
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State v. Brelsford

On November 16, 2021, the defendant filed the present motion for sentence modification as a self-represented party, seeking to suspend execution of the

remaining unexecuted portion of his term of incarceration. The defendant attached to his motion exhibits

highlighting his medical conditions and completion of

several rehabilitative programs. The state did not

oppose a hearing on the motion.

On August 30, 2022, the court, Harmon, J., held a

hearing on the defendant’s motion. The defendant, a

victim’s advocate, and the state addressed the court.

The defendant argued that, having been incarcerated

for almost twenty-eight years, he is ‘‘a changed person’’

and ‘‘a better person,’’ that he is ‘‘very, very sorry for

what happened back then,’’ and that ‘‘[d]rug addiction

[had] compelled [him]’’ to commit the crimes at issue

in this case. He explained that he now has various health

concerns and that he just wants to ‘‘finish this.’’

The victims did not take a position with respect to

the defendant’s motion for sentence modification. The

victim’s advocate, however, shared a statement from

the mother of the children in the car that ‘‘the carjacking

. . . had an effect on [her] entire family [and] on [her]

entire family’s lives’’ but that ‘‘[she is] a Christian and

believe[s] in forgiveness . . . .’’

The state highlighted the defendant’s extensive criminal history and asked the court ‘‘not to modify the

sentence . . . based on the seriousness of all these

offenses [at issue in the present case] and . . . the

long-term, lifelong effect upon the victims of these

crimes.’’

In its memorandum of decision, issued on September 16, 2022, the court,

Harmon, J., found that, at that time, the defendant had a maximum release

date of December 28, 2027, noting that the defendant earns statutory good

time credit, seven day job credit, and outstanding meritorious performance

award credit, all of which have reduced his maximum release date.
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State v. Brelsford

In a memorandum of decision dated September 16,

2022, the court denied the defendant’s motion for sentence modification. The court noted that, although

§ 53a-39 does not define ‘‘good cause,’’ it has been commonly defined as ‘‘ ‘a legally sufficient reason.’ ’’ The

court explained that ‘‘it is with this understanding and

standard, considering the accepted objectives of sentencing as well, that this court reviews the information

presented to determine whether good cause, ‘a legally

sufficient reason,’ has been established by the defendant to modify his sentence.’’ The court then reviewed

the evidence presented by the defendant, recounting

the age of the defendant when he was sentenced, his

current age, and the ‘‘training and efforts at rehabilitation’’ the defendant had made during his twenty-eight

years of incarceration. The court further noted that the

defendant personally addressed the court, apologized

to the victims for his actions, addressed his drug addiction and discussed ‘‘the good he could perform for the

community and his family if granted early release.’’

The court stated that, ‘‘[i]n analyzing whether ‘a

legally sufficient reason’ exists to warrant a modification of the defendant’s sentence, the court has considered whether the defendant has demonstrated substantial rehabilitation since the date the crime was

committed.’’ The court further reasoned that, ‘‘[w]hile

not directly applicable to . . . § 53a-39, the statute governing parole eligibility and suitability, General Statutes

§ 54-125a (f) (4),2 provides an instructive and useful

2 General Statutes § 54-125a (f) (4) provides in relevant part: ‘‘After [a]

hearing [to determine eligibility for parole release], the [Board of Pardons

and Paroles] may allow [a] person to go at large on parole with respect to

any portion of a sentence that was based on a crime or crimes committed

while such person was under eighteen years of age if the board finds that

such parole release would be consistent with the factors set forth in subdivisions (1) to (4), inclusive, of subsection (c) of section 54-300 and if it appears,

from all available information . . . that [among other things] . . . (C) such

person has demonstrated substantial rehabilitation since the date such crime

or crimes were committed considering such person’s character, background

and history, as demonstrated by factors, including, but not limited to, such
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State v. Brelsford

framework in assessing the existence of ‘good cause’

sufficient to modify a sentence . . . particularly since

the factors enumerated must be . . . evaluated with

the objective of being consistent with the factors set

forth in [General Statutes] § 54-300.’’3 (Footnote added.)

Accordingly, the court explained that ‘‘[f]actors that

have been examined include, but are not limited to: (1)

the gravity of his crime; (2) correctional record and

length of time incarcerated; (3) his age and circumstances at the time of the commission of the crime; (4)

whether he has demonstrated remorse and increased

maturity since the date of the offense; (5) whether he

has contributed to the welfare of other persons through

service while incarcerated; and (6) the degree [to]

which he has fully availed himself of opportunities for

growth, rehabilitation, and contribution within the correctional system considering the nature and circumstances of the crime he committed.’’

The court concluded that, ‘‘after a review and consideration of the information and material presented, and

person’s correctional record, the age and circumstances of such person as

of the date of the commission of the crime or crimes, whether such person

has demonstrated remorse and increased maturity since the date of the

commission of the crime or crimes, such person’s contributions to the

welfare of other persons through service, such person’s efforts to overcome

substance abuse, addiction, trauma, lack of education or obstacles that such

person may have faced as a child or youth in the adult correctional system,

the opportunities for rehabilitation in the adult correctional system, whether

the person has also applied for or received a sentence modification and the

overall degree of such person’s rehabilitation considering the nature and

circumstances of the crime or crimes.’’ 3 General Statutes § 54-300 provides in relevant part: ‘‘(c) In fulfilling its

mission, the [Connecticut Sentencing Commission] shall recognize that: (1)

The primary purpose of sentencing in the state is to enhance public safety

while holding the offender accountable to the community, (2) sentencing

should reflect the seriousness of the offense and be proportional to the

harm to victims and the community, using the most appropriate sanctions

available, including incarceration, community punishment and supervision,

(3) sentencing should have as an overriding goal the reduction of criminal

activity, the imposition of just punishment and the provision of meaningful

and effective rehabilitation and reintegration of the offender, and (4) sentences should be fair, just and equitable while promoting respect for the law.’’
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State v. Brelsford

with contemplation of the proper standard,’’ the defendant had not established good cause to modify his sentence ‘‘when balanced against the facts and harm created by the serious crime he committed.’’ The court

went on to explain that its decision was ‘‘not meant to

lessen or nullify the positive steps the defendant has

taken during his period of incarceration or his ability

to succeed once he is released. However, the court felt

that, although the defendant showed remorse . . . the

gravity of the crime and harm to the victims and society

at large requires that the request for sentence modification be denied at this time.’’

On September 28, 2022, the defendant filed a ‘‘motion

for rectification,’’ in which he argued that the court, in

ruling on his motion for sentence modification, had

improperly failed to consider the fact that he had been

on mind-altering drugs at the time he committed the

underlying offenses. He further contended that ‘‘[a]

criminal’s state of mind . . . must be considered by

the court where [the defendant’s] motion for release is

at issue, and to leave it out is plain error.’’ On September

30, 2022, the court, Harmon, J., held a hearing on the

defendant’s motion, which the court treated as a motion

for reconsideration. In a memorandum of decision

dated December 2, 2022, the court denied the defendant’s motion for reconsideration, explaining that

‘‘when rendering its initial decision [on the motion for

sentence modification], [the court] was aware of the

drug dependency and the effect it may have had in

contributing to the illegal activity by [the defendant].

The court must still consider the gravity of the crime.

The offense put both police officers and innocent civilians at risk and resulted in an injury to a young child.

Based on the gravity of the offense, the court does not

believe a sentence modification is appropriate at this

time . . . .’’ This appeal followed.
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State v. Brelsford

On appeal, the defendant claims that the court abused

its discretion in finding that he had failed to establish

good cause to modify his sentence pursuant to § 53a39. We disagree.

We begin by setting forth the standard of review and

legal principles relevant to this claim. Section 53a-39

provides in relevant part that ‘‘the sentencing court or

judge may, after hearing and for good cause shown,

reduce the sentence, order the defendant discharged,

or order the defendant discharged on probation or conditional discharge for a period not to exceed that to

which the defendant could have been originally sentenced. . . .’’4

‘‘[I]n arriving at its sentencing determination, the sentencing court may appropriately conduct an inquiry

4 General Statutes § 53a-39 provides in relevant part: ‘‘(a) Except as provided in subsection (b) of this section, at any time during an executed period

of incarceration, the sentencing court or judge may, after hearing and for

good cause shown, reduce the sentence, order the defendant discharged,

or order the defendant discharged on probation or conditional discharge

for a period not to exceed that to which the defendant could have been

originally sentenced.

‘‘(b) On and after October 1, 2021, at any time during the period of a

sentence in which a defendant has been sentenced prior to, on or after

October 1, 2021, to an executed period of incarceration of more than seven

years as a result of a plea agreement, including an agreement in which there

is an agreed upon range of sentence, upon agreement of the defendant and

the state’s attorney to seek review of the sentence, the sentencing court or

judge may, after hearing and for good cause shown, reduce the sentence,

order the defendant discharged, or order the defendant discharged on probation or conditional discharge for a period not to exceed that to which the

defendant could have been originally sentenced. . . .’’

We note that § 53a-39 has been amended since the events underlying this

appeal; see Public Acts 2023, No. 23-47, § 1; those amendments have no

bearing on the merits of this appeal. Accordingly, we refer to the current

revision of the statute.

We also note that the defendant, in his appellate brief, asserts that the

legislative intent behind earlier amendments to § 53a-39 in 2021 and 2022

‘‘appears . . . [to have been] largely directed at ushering the earlier release

of rehabilitated inmates.’’ We decline to opine as to the intent of the legislature in amending the statute because it is not necessary to the resolution

of the defendant’s claim on appeal.
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State v. Brelsford

broad in scope, largely unlimited either as to the kind

of information [it] may consider or the source from

which it may come. . . . [T]his broad discretion

applies with equal force to a sentencing court’s decision

regarding a sentence modification . . . . Accordingly,

we review a court’s judgment granting or denying a

motion to modify a sentence for abuse of discretion.

. . . An abuse of discretion exists when a court could

have chosen different alternatives but has decided the

matter so arbitrarily as to vitiate logic, or has decided

it based on improper or irrelevant factors. . . . As

such, [i]n determining whether there has been an abuse

of discretion, every reasonable presumption should be

given in favor of the correctness of the court’s ruling.

. . . Generally speaking, under this deferential standard, [w]here the trial court has properly considered

all of the offenses proved and imposed a sentence

within the applicable statutory limitations, there is no

abuse of discretion.’’ (Citations omitted; footnote omitted; internal quotation marks omitted.) State v. Martin

G., 222 Conn. App. 395, 403–404, 305 A.3d 324 (2023),

cert. denied, 348 Conn. 944, 308 A.3d 34 (2024).

The defendant argues that the trial court abused its

discretion in determining that he had not established

good cause to modify his sentence, in that the court

improperly weighed certain factors and failed to consider others. First, the defendant contends that the

court improperly relied solely on the severity of the

defendant’s offense when denying his modification. The

court’s decision, which plainly reflects that it weighed

several factors, belies that contention and does not

merit further discussion.

The defendant also argues that ‘‘[i]t is inappropriate

for the courts to rely upon the statutory parole framework when assessing good cause pursuant to § 53a39’’ because that reliance necessarily ‘‘constrains the

‘unlimited’ nature of the appropriate inquiry espoused
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State v. Brelsford

[in our case law].’’ Although the defendant argues that

‘‘the weight and value that the court assigned to this

framework was inappropriate, particularly given the

different functions of the trial court and the Board of

Pardons and Parole,’’ he concedes that ‘‘the trial court

was free to consider [the § 54-125 (f) (4)] factors in

arriving at its conclusion . . . .’’ Indeed, this court has

held that, ‘‘in reviewing applications for sentence modifications of definite sentences, [the sentencing court]

performs a function similar to that of a parole board’’;

State v. Millhouse, 3 Conn. App. 497, 500–501, 490 A.2d

517 (1985); and has affirmed the consideration of § 54-

125 (f) (4) factors when considering sentence modifications. See State v. Martin G., supra, 222 Conn. App.

405–406. This is consistent with our well settled law

that a sentencing court’s broad discretion also applies

to its decisions regarding sentence modification and it

‘‘may appropriately conduct an inquiry broad in scope,

largely unlimited either as to the kind of information [it]

may consider or the source from which it may come.’’

(Internal quotation marks omitted.) State v. Dupas, 291

Conn. 778, 783, 970 A.2d 102 (2009).5

Moreover, the court did not limit its consideration

of the defendant’s motion to the factors enumerated in

the parole statute. Although the defendant argues that

5 The defendant asks this court to ‘‘provide guidance to the lower courts

regarding proper considerations that should inform the [good cause] standard’’ in the context of § 53a-39. He cites Kelsey v. Commissioner of Correction, 202 Conn. App. 21, 31–35, 244 A.3d 171 (2020), aff’d, 343 Conn. 424,

274 A.3d 85 (2022), as an example of the type of guidance this court should

provide. In response to the defendant’s concern, Martin G., and now the

present case, provide a nonexclusive list of considerations that may properly

inform a court’s ruling on a motion for sentence modification in similar

cases. We decline, however, to provide further guidance at this time given

the broad discretion of the courts in this area; see State v. Martin G., supra,

222 Conn. App. 404; and the ‘‘ ‘largely unlimited’ ’’ information a court can

consider in ruling on a motion for sentence modification. State v. Dupas,

supra, 291 Conn. 783.
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State v. Brelsford

the court should have relied more heavily on his rehabilitation and certain other factors,6 he does not cite any

legal authority that governs the degree of weight a court

must afford factors that it considers in determining

whether good cause has been established, nor are we

aware of any. Here, the court expressly considered the

steps the defendant has taken toward rehabilitation

but concluded that those steps did not outweigh other

factors that it considered. The court’s consideration

of all of these factors was consistent with the broad

discretion afforded to courts in ruling on motions for

sentence modification.7 We therefore conclude that the

court did not abuse its discretion in determining that

the defendant failed to establish good cause to warrant

a sentence modification.

The judgment is affirmed.

In this opinion the other judges concurred.

6 The defendant contends that the court should have considered: ‘‘(1)

whether the defendant’s sentence comports with contemporary norms in

sentencing, (2) whether and what goals of sentencing will be better met by

the defendant’s release or continued incarceration, (3) the defendant’s life

expectancy and ability to contribute to society upon reentry, (4) the likelihood of recidivism, (5) whether the court may impose supervision to better

assist with the defendant’s reintegration needs or to promote the safety of

society, (6) whether scientific advances since the time of the defendant’s

sentencing place the defendant’s original sentence in a different light, (7)

whether the ‘new’ information presented by the defendant since the time

that he was sentenced warrants a departure from the original sentence, and

(8) input from any victim(s).’’ (Footnotes omitted.) 7 The defendant also argues that the court abused its discretion because,

even if the court properly considered the factors it used in making its

determination as to good cause, those factors weigh in favor of his release

and the state’s arguments to the contrary are weak. It is axiomatic that, in

determining whether there has been an abuse of discretion, this court ‘‘[does]

not review the evidence to determine whether a conclusion different from the

one reached could have been reached.’’ (Internal quotation marks omitted.)

Alder v. Alder, 60 Conn. App. 612, 613, 760 A.2d 1263 (2000).