State v. Francis

Argued January 17 (Appeal from Superior Court, judicial district of Hartford, Clifford, J.) Opinion The defendant, Ernest Francis, appeals from the order of the trial court denying his motion to correct an illegal sentence, which he filed pursuant to Practice Book § 43-22. 1 On appeal, the defendant claims that the court at sentencing improperly (1) considered his lack of veracity, (2) relied on information outside the record and (3) relied on inaccurate or mistaken information. We conclude that the trial court lacked jurisdiction to consider the defendant's motion under Practice Book § 43-22. We reverse the judgment denying the motion and remand the case with direction to dismiss the motion. The defendant was convicted of murder and sentenced to a term of fifty years imprisonment. The judgment was affirmed in State v. Francis, 228 Conn. 118, 635 A.2d 762 (1993). On March 1, 2000, the defendant filed the motion in question and, after a hearing, the court denied the defendant's motion. The court denied the defendant's subsequent motion for reconsideration and this appeal followed.