State v. Allan

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In this companion case to State v. Evans, __ A.3d __ (Conn. 2018), which was also decided today, the Supreme Court affirmed the judgment of the trial court denying Defendant’s motion to correct an illegal sentence and declined Defendant’s invitation to overrule State v. Ray, 699 A.2d 148 (Conn. 2009), in which the Supreme Court interpreted Conn. Gen. Stat. 21a-278(b) to render drug dependency an affirmative defense to be proven by the defendant.After Defendant was convicted and sentenced, he filed a motion to correct an illegal sentence, claiming that his sentence had been imposed in violation of Alleyne v. United States, 570 U.S. 99 (2013). The trial court denied Defendant’s motion. The Supreme Court affirmed after adopting the reasoning and conclusions of Evans, holding that this Court’s examination of the issues in Evans thoroughly resolved the claims in this instant appeal. View "State v. Allan" on Justia Law